2014 BAR EXAMINATIONS

CIVIL LAW
October 12, 2014

8:00 A.M.- 12:00 N.N.

INSTRUCTIONS

1. This Questionnaire contains FOURTEEN (14) pages including these Instructions pages. Check the
number of pages and the page numbers at the upper right hand corner of each page of this
Questionnaire and make sure it has the correct number of pages and their proper numbers.
There are THIRTY (30) Essay and Multiple Choice Questions (MCQs) to be answered within four (4)
hours.
The essay portion contains questions that are equivalent to not less than 80% of the whole
examination, while the MCQ portion contains questions equivalent to not more than 20%.
2. Read each question very carefully and write your answers in your Bar Examination Notebook in
the same order the questions are posed. Write your answers only on the front, not the back, page of
every sheet in your Notebook. Note well the allocated percentage points for each number, question,
or subquestion. In your answers, use the numbering system in the questionnaire.
If the sheets provided in your Examination Notebook are not sufficient for your answers, use the back
page of every sheet of your Examination Notebook, starting at the back page of the first sheet and
the back of the succeeding sheets thereafter.
3. Answer the Essay questions legibly, clearly, and concisely. Start each number on a separate page.
An answer to a sub-question under the same number may be written continuously on the same page
and the immediately succeeding pages until completed.
Your answer should demonstrate your ability to analyze the facts presented by the question, to select
the material from the immaterial facts, and to discern the points upon which the question turns. It
should show your knowledge and understanding of the pertinent principles and theories of law
involved and their qualifications and limitations. It should demonstrate your ability to apply the law to
the given facts, and to reason logically in a lawyerlike manner to a sound conclusion from the given
premises.
A mere "Yes" or "No" answer without any corresponding explanation or discussion will not be given
any credit. Thus, always briefly but fully explain your answers although the question does not
expressly ask for an explanation. At the same time, remember that a complete explanation does not
require that you volunteer information or discuss legal doctrines that are not necessary or pertinent to
the solution to the problem. You do not need to re-write or repeat the question in your Notebook.
4. MCQs are to be answered by writing in your Notebook the capital letter A, B, C, or D
corresponding to your chosen answer. There is only one correct answer to every MCQ; choose the
BEST answer from among the offered choices. Note that some MCQs may need careful analysis
both of the questions and the choices offered.
5. Make sure you do not write your name or any extraneous note/s or distinctive marking/s on your
Notebook that can serve as an identifying mark/s (such as names that are not in the given questions,
prayers, or private notes to the Examiner).
Writing, leaving or making any distinguishing or identifying mark in the exam Notebook is considered
cheating and can disqualify you for the Bar examinations.
You can use the questionnaire for notes you may wish/need to write during the examination.
YOU CAN BRING HOME THIS QUESTIONNAIRE OR HAND IT TOGETHER WITH YOUR

NOTEBOOK
J. DIOSDADO M. PERALTA
Chairman
2014 Bar Examinations
I.
Ariz and Paz were officemates at Perlas ng Silangan Bank (PSB). They fell in love with each other
and had a civil and church wedding. Meanwhile, Paz rapidly climbed the corporate ladder of PSB and
eventually became its Vice President, while Ariz remained one of its bank supervisors, although he
was short of 12 units to finish his Masters of Business Administration (MBA) degree.
Ariz became envious of the success of his wife. He started to drink alcohol until he became a
drunkard. He preferred to join his "barkadas"; became a wifebeater; would hurt his children without
any reason; and failed to contribute to the needs of the family. Despite rehabilitation and consultation
with a psychiatrist, his ways did not change.
After 19 years of marriage, Paz, a devout Catholic, decided to have their marriage annulled by the
church. Through the testimony of Paz and a psychiatrist, it was found that Ariz was a spoiled brat in
his youth and was sometimes involved in brawls. In his teens, he was once referred to a psychiatrist
for t reatment due to his violent tendencies. In due time, the National Appellate Matrimonial Tribunal
(NAMT) annulled the union of Ariz and Paz due to the failure of Ariz to perform and fulfill his duties as
a husband and as a father to their children. The NAMT concluded that it is for the best interest of
Paz, Ariz and their children to have the marriage annulled.
In view of the NAMT decision, Paz decided to file a Petition for Declaration of Nullity of Marriage of
their civil wedding before the Regional Trial Court (RTC) of Makati City using the NAMT decision and
the same evidence adduced in the church annulment proceedings as basis.
If you are the judge, will you grant the petition? Explain. (5%)
II.
Crispin died testate and was survived by Alex and Josine, his children from his first wife; Rene and
Ruby, his children from his second wife; and Allan, Bea, and Cheska, his children from his third wife.
One important provision in his will reads as follows:
"Ang lupa at bahay sa Lungsod ng Maynila ay ililipat at ilalagay sa pangalan nila Alex at Rene hindi
bilang pamana ko sa kanila kundi upang pamahalaan at pangalagaan lamang nila at nang ang
sinuman sa aking mga anak, sampu ng aking mga apo at kaapuapuhan ko sa habang panahon, ay
may tutuluyan kung magnanais na mag-aral sa Maynila o sa kalapit na mga lungsod."
Is the provision valid? (4%)
III.
The Roman Catholic Church accepted a donation of a real property located in Lipa City. A deed of
donation was executed, signed by the donor, Don Mariano, and the donee, the Church, as
represented by Fr. Damian. Before the deed could be notarized, Don Mariano died. Is the donation
valid? (4%)
IV.
Nante, a registered owner of a parcel of land in Quezon City, sold the property to Monica under a
deed of sale which reads as follows:
"That for and in consideration of the sum of P500,000.00, value to be paid and delivered to me, and
receipt of which shall be acknowledged by me to the full satisfaction of Monica, referred to as

Vendee, I hereby sell, transfer, cede, convey, and assign, as by these presents, I do have sold,
transferred, ceded, conveyed and assigned a parcel of land covered by TCT No. 2468 in favor of the
Vendee."
After delivery of the initial payment of P100,000.00, Monica immediately took possession of the
property. Five (5) months after, Monica failed to pay the remaining balance of the purchase price.
Nante filed an action for the recovery of possession of the property. Nante alleged that the agreement
was one to sell,which was not consummated as the full contract price was not paid. Is the contention
of Nante tenable? Why? (4%)
V.
What is the effect of preterition ? (1%)
(A) It annuls the devise and legacy
(B) It annuls the institution of heir
(C) It reduces the devise and legacy
(D) It partially annuls the institution of heir
VI.
Miko and Dinah started to live together as husband and wife without the benefit of marriage in 1984.
Ten (10) years after, they separated. In 1996, they decided to live together again, and in 1998, they
got married.
On February 17, 2001, Dinah filed a complaint for declaration of nullity of her marriage with Miko on
the ground of psychological incapacity under Article 36 of the Family Code. The court rendered the
following decision:
"1. Declaring the marriage null and void;
2. Dissolving the regime of absolute community of property; and
3. Declaring that a decree of absolute nullity of marriage shall only be issued after liquidation,
partition and distribution of the parties properties under Article 147 of the Family Code."
Dinah filed a motion for partial reconsideration questioning the portion of the decision on the issuance
of a decree of nullity of marriage only after the liquidation, partition and distribution of properties
under Article 147 of the Code.
If you are the judge, how will you decide petitioners motion for partial reconsideration? Why? (4%)
VII.
Due to the continuous heavy rainfall, the major streets in Manila became flooded. This compelled
Cris to check-in at Square One Hotel. As soon as Crisgot off from his Toyota Altis, the Hotels parking
attendant got the key of his car and gave him a valet parking customers claim stub. The attendant
parked his car at the basement of the hotel. Early in the morning, Cris was informed by the hotel
manager that his car was carnapped. (4%)
(A) What contract, if any, was perfected between Cris and the Hotel when Cris surrendered
the key of his car to the Hotels parking attendant?
(B) What is the liability, if any, of the Hotel for the loss of Cris car?

VIII.
Tess leased her 1,500 sq. m. lot in Antipolo City to Ruth for a period of three (3) years, from January
2010 to February 2013.
On March 19, 2011, Tess sent a letter to Ruth, part of which reads as follows:
"I am offering you to buy the property you are presently leasing at P5,000.00 per sq. m. or for a total
of P7,500,000.00. You can pay the contract price by installment for two (2) years without interest.
I will give you a period of one (1) year from receipt of this letter to decide whether you will buy the
property."
After the expiration of the lease contract, Tess sold the property to her niece for a total consideration
of P4 million.
Ruth filed a complaint for the annulment of the sale, reconveyance and damages against Tess and
her niece. Ruth alleged that the sale of the leased property violated her right to buy under the
principle of right of first refusal.
Is the allegation of Ruth tenable? (4%)
IX.
Spouses Macario and Bonifacia Dakila entered into a contract to sell with Honorio Cruz over a parcel
of industrial land in Valenzuela, Bulacan for a price of Three Million Five Hundred Thousand Pesos
(P3,500,000.00). The spouses would give a downpayment of Five Hundred Thousand Pesos
(P500,000.00) upon the signing of the contract, while the balance would be paid for the next three (3)
consecutive months in the amount of One Million Pesos (P1,000,000.00) per month. The spouses
paid the first two (2) installments but not the last installment. After one (1) year, the spouses offered
to pay the unpaid balance which Honorio refused to accept.
The spouses filed a complaint for specific performance against Honorio invoking the application of
the Maceda Law. If you are the judge, how will you decide the case? (4%)
X.
Dorotea leased portions of her 2,000 sq. m. lot to Monet, Kathy, Celia, and Ruth for five (5) years.
Two (2) years before the expiration of the lease contract, Dorotea sold the property to PM Realty and
Development Corporation. The following month, Dorotea and PM Realty stopped accepting rental
payments from all the lessees because they wanted to terminate the lease contracts.
Due to the refusal of Dorotea to accept rental payments, the lessees , Ruth, et al., filed a complaint
for consignation of the rentals before the Regional Trial Court (RTC) of Manila without notifying
Dorotea.
Is the consignation valid? (4%)
XI.
An easement that can be acquired by prescription: (1%)
(A) Right of way
(B) Watering of an animal
(C) Lateral and subjacent support

(D) Light and view

XII.
J.C. Construction (J.C.) bought steel bars from Matibay Steel Industries (MSI) which is owned by
Buddy Batungbacal. J.C. failed to pay the purchased materials worth P500,000.00 on due date. J.C.
persuaded its client Amoroso with whom it had receivables to pay its obligation to MSI. Amoroso
agreed and paid MSI the amount of P50,000.00. After two (2) other payments, Amoroso stopped
making further payments.
Buddy filed a complaint for collection of the balance of the obligation and damages against J.C. J.C.
denied any liability claiming that its obligation was extinguished by reason of novation which took
place when MSI accepted partial payments from Amoroso on its behalf.
Was the obligation of J.C. Construction to MSI extinguished by novation? Why? (4%)
XIII.
Esteban and Martha had four (4) children: Rolando, Jun, Mark, and Hector. Rolando had a daughter,
Edith, while Mark had a son, Philip. After the death of Esteban and Martha, their three (3) parcels of
land were adjudicated to Jun. After the death of Jun, the properties passed to his surviving spouse
Anita, and son Cesar. When Anita died, her share went to her son Cesar. Ten (10) years after, Cesar
died intestate without any issue. Peachy, Anitas sister, adjudicated to herself the properties as the
only surviving heir of Anita and Cesar. Edith and Philip would like to recover the properties claiming
that they should have been reserved by Peachy in their behalf and must now revert back to them.
Is the contention of Edith and Philip valid? (4%)
XIV.
A pedestrian, who was four (4) months pregnant, was hit by a bus driver while crossing the street.
Although the pedestrian survived, the fetus inside her womb was aborted. Can the pedestrian
recover damages on account of the death of the fetus? (1%)
(A) Yes, because of Article 2206 of the Civil Code which allows the surviving heirs to demand
damages for mental anguish by reason of the death of the deceased.
(B) Yes, for as long as the pedestrian can prove that she was not at fault and the bus driver
was the one negligent.
(C) No, because a fetus is not a natural person.
(D) No, if the fetus did not comply with the requirements under Article 41 of the Civil Code.
XV.
Mr. Bong owns several properties in Pasig City. He decided to build a condominium named Flores de
Manila in one of his lots. To fund the project, he obtained a loan from the National Bank (NB) secured
by a real estate mortgage over the adjoining property which he also owned.
During construction, he built three (3) pumps on the mortgaged property to supply water to the
condominium. After one (1) year, the project was completed and the condominium was turned over to
the buyers. However, Mr. Bong failed to pay his loan obligation to NB. Thus, NB foreclosed the
mortgaged property where the pumps were installed. During the sale on public auction of the
mortgaged property, Mr. Simon won in the bidding. When Mr. Simon attempted to take possession of
the property, the condominium owners, who in the meantime constituted themselves into Flores de
Manila Inc. (FMI), claimed that they have earlier filed a case for the declaration of the existence of an
easement before the Regional Trial Court (RTC) of Pasig City and prayed that the easement be
annotated in the title of the property foreclosed by NB. FMI further claimed that when Mr. Bong

installed the pumps in his adjoining property, a voluntary easement was constituted in favor of FMI.
Will the action prosper? (4%)
XVI.
A congregation for religious women, by way of commodatum, is using the real property owned and
registered in the name of Spouses Manuel as a retreat house.
Maria, a helper of the congregation discovered a chest in the backyard. When she opened the chest,
it contained several pieces of jewelry and money. (4%)
(A) Can the chest containing the pieces of jewelry and money be considered as hidden
treasure?
(B) Who has the right to claim ownership of it?
XVII.
On March 30, 2000, Mariano died intestate and was survived by his wife, Leonora, and children,
Danilo and Carlito. One of the properties he left was a piece of land in Alabang where he built his
residential house.
After his burial, Leonora and Marianos children extrajudicially settled his estate. Thereafter, Leonora
and Danilo advised Carlito of their intention to partition the property. Carlito opposed invoking Article
159 of the Family Code. Carlito alleged that since his minor child Lucas still resides in the premises,
the family home continues until that minor beneficiary becomes of age.
Is the contention of Carlito tenable? (4%)
XVIII.
Spouses Magtanggol managed and operated a gasoline station on a 1,000 sq.m. lot which they
leased from Francisco Bigla-awa. The contract was for a period of three (3) years. When the contract
expired, Francisco asked the spouses to peacefully vacate the premises. The spouses ignored the
demand and continued with the operation of the gasoline station.
One month after, Francisco, with the aid of a group of armed men, caused the closure of the gasoline
station by constructing fences around it.
Was the act of Francisco and his men lawful? Why? (4%)
XIX.
Who enjoys the Right of Retention? (1%)
(A) Depositary until full payment of what may be due him in deposit.
(B) Lessee if he advances the expenses for the repair of the leased premises.
(C) Bailee if bailor owes him something.
(D) Builder in bad faith for the recovery of necessary and useful expenses.
XX.
Mabuhay Elementary School organized a field trip for its Grade VI students in Fort Santiago, Manila
Zoo, and Star City. To be able to join, the parents of the students had to sign a piece of paper that

reads as follows:
"I allow my child (name of student), Grade Section, to join the schools field trip on February 14,
2014.
I will not file any claim against the school, administrator or teacher in case something happens to my
child during the trip."
Joey, a 7-year-old student of Mabuhay Elementary School was bitten by a snake while the group was
touring Manila Zoo. The parents of Joey sued the school for damages. The school, as a defense,
presented the waiver signed by Joeys parents.
Was there a valid waiver of right to sue the school? Why? (4%)
XXI.
A delayed accession is: (1%)
(A) formation of an island
(B) avulsion
(C) alluvium
(D) change in the course of the riverbed
XXII.
On March 27, 1980, Cornelio filed an application for land registration involving a parcel of agricultural
land that he had bought from Isaac identified as Lot No. 2716 with an area of one (1) hectare. During
the trial, Cornelio claimed that he and his predecessors-in-interest had been in open, continuous,
uninterrupted, public and adverse possession and occupation of the land for more than thirty (30)
years. He likewise introduced in evidence a certification dated February 12, 1981 citing a presidential
declaration to the effect that on June 14, 1980, agricultural lands of the public domain, including the
subject matter of the application, were declared alienable and disposable agricultural land. (4%)
(A) If you are the judge, will you grant the application for land registration of Cornelio?
(B) Can Cornelio acquire said agricultural land through acquisitive prescription, whether
ordinary or extraordinary?
XXIII.
After undergoing sex reassignment in a foreign country, Jose, who is now using the name of "Josie,"
married his partner Ador. Is the marriage valid? (1%)
(A) Yes, the marriage is valid for as long as it is valid in the place where it is celebrated
following Article 17 of the Civil Code.
(B) Yes, the marriage is valid if all the essential and formal elements of marriage under the
Family Code are present.
(C) No, the marriage is not valid because one essential element of marriage is absent.
(D) No, the marriage is not valid but is voidable because "Josie" concealed her real identity.
XXIV.
Ted, married to Annie, went to Canada to work. Five (5) years later, Ted became a naturalized

Canadian citizen. He returned to the Philippines to convince Annie to settle in Canada. Unfortunately,
Ted discovered that Annie and his friend Louie were having an affair. Deeply hurt, Ted returned to
Canada and filed a petition for divorce which was granted. In December 2013, Ted decided to marry
his childhood friend Corazon in the Philippines. In preparation for the wedding, Ted went to the Local
Civil Registry of Quezon City where his marriage contract with Annie was registered. He asked the
Civil Register to annotate the decree of divorce on his marriage contract with Annie. However, he was
advised by the National Statistics Office (NSO) to file a petition for judicial recognition of the decree of
divorce in the Philippines.
Is it necessary for Ted to file a petition for judicial recognition of the decree of divorce he obtained in
Canada before he can contract a second marriage in the Philippines? (4%)
XXV.
Mario executed his last will and testament where he acknowledges the child being conceived by his
live-in partner Josie as his own child; and that his house and lot in Baguio City be given to his unborn
conceived child. Are the acknowledgment and the donation mortis causa valid? Why? (4%)
XXVI.
Isaac leased the apartment of Dorotea for two (2) years. Six (6) months after, Isaac subleased a
portion of the apartment due to financial difficulty. Is the sublease contract valid? (1%)
(A) Yes, it is valid for as long as all the elements of a valid sublease contract are present.
(B) Yes, it is valid if there is no express prohibition for subleasing in the lease contract.
(C) No, it is void if there is no written consent on the part of the lessor.
(D) No, it is void because of breach of the lease contract.
XXVII.
Fe, Esperanza, and Caridad inherited from their parents a 500 sq. m. lot which they leased to Maria
for three (3) years. One year after, Fe, claiming to have the authority to represent her siblings
Esperanza and Caridad, offered to sell the leased property to Maria which the latter accepted. The
sale was not reduced into writing, but Maria started to make partial payments to Fe, which the latter
received and acknowledged. After giving the full payment, Maria demanded for the execution of a
deed of absolute sale which Esperanza and Caridad refused to do. Worst, Maria learned that the
siblings sold the same property to Manuel. This compelled Maria to file a complaint for the annulment
of the sale with specific performance and damages.
If you are the judge, how will you decide the case? (4%)
XXVIII.
Spouses Esteban and Maria decided to raise their two (2) nieces, Faith and Hope, both minors, as
their own children after the parents of the minors died in a vehicular accident.
Ten (10) years after, Esteban died. Maria later on married her boss Daniel, a British national who had
been living in the Philippines for two (2) years.
With the permission of Daniel, Maria filed a petition for the adoption of Faith and Hope. She did not
include Daniel as her co-petitioner because for Maria, it was her former husband Esteban who raised
the kids.
If you are the judge, how will you resolve the petition? (4%)
XXIX.

Timothy executed a Memorandum of Agreement (MOA) with Kristopher setting up a business venture
covering three (3) fastfood stores known as "Hungry Toppings" that will be established at Mall Uno,
Mall Dos, and Mall Tres.
The pertinent provisions of the MOA provides:
1. Timothy shall be considered a partner with thirty percent (30%) share in all of the stores to
be set up by Kristopher;
2. The proceeds of the business, after deducting expenses, shall be used to pay the principal
amount of P500,000.00 and the interest therein which is to be computed based on the bank
rate, representing the bank loan secured by Timothy;
3. The net profits, if any, after deducting the expenses and payments of the principal and
interest shall be divided as follows: seventy percent (70%) for Kristopher and thirty percent
(30%) for Timothy;
4. Kristopher shall have a free hand in running the business without any interference from
Timothy, his agents, representatives, or assigns , and should such interference happen,
Kristopher has the right to buy back the share of Timothy less the amounts already paid on
the principal and to dissolve the MOA; and
5. Kristopher shall submit his monthly sales report in connection with the business to Timothy.
What is the contractual relationship between Timothy and Kristopher? (4%)
XXX.
Joe Miguel, a well-known treasure hunter in Mindanao, executed a Special Power of Attorney (SPA)
appointing his nephew, John Paul, as his attorney-infact. John Paul was given the power to deal with
treasure-hunting activities on Joe Miguels land and to file charges against those who may enter it
without the latters authority. Joe Miguel agreed to give John Paul forty percent (40%) of the treasure
that may be found on the land.
Thereafter, John Paul filed a case for damages and injunction against Lilo for illegally entering Joe
Miguels land. Subsequently, he hired the legal services of Atty. Audrey agreeing to give the latter
thirty percent (30%) of Joe Miguels share in whatever treasure that may be found in the land.
Dissatified however with the strategies implemented by John Paul, Joe Miguel unilaterally revoked
the SPA granted to John Paul.
Is the revocation proper? (4%)
BAR EXAMINATION 2013
CIVIL LAW
October 13, 2013

8:00 A.M.-12:00 P.M.

INSTRUCTIONS

1. This Questionnaire contains SIXTEEN (16) pages including these Instructions pages. Check the
number of pages and the page numbers at the upper right hand corner of each page of this
Questionnaire and make sure it has the correct number of pages and their proper numbers.
There are TEN (10) Essay Questions numbered I to X (with subquestions), and TEN (10) Multiple
Choice Questions (MCQs) numbered I to X (with subquestions), to be answered within four (4) hours.
The essay portion contains questions that are worth 80/o of the whole examination, while the MCQ

portion contains questions worth 20%.

2. Read each question very carefully and write your answers in your Bar Examination Notebook in
the same order the questions are posed. Write your answers only at the front, not the back, page of
every sheet in your Examination Notebook. Note well the allocated percentage points for each
number, question, or sub-question. In your answers, use the numbering system in the questionnaire.
If the sheets provided in your Examination Notebook are not sufficient for your answers, use the back
pages of every sheet of your Examination Notebook, starting at the back page of the first sheet and
the back of the succeeding sheets thereafter.
3. Answer the Essay questions legibly, clearly, and concisely. Start each number on a separate page.
An answer to a sub-question under the same number may be written continuously on the same page
and the immediately succeeding pages until completed.
Your answer should demonstrate your ability to analyze the facts presented by the question, to select
the material from the immaterial facts, and to discern the points upon which the question turns. It
should show your knowledge and understanding of the pertinent principles and theories of law
involved and their qualifications and limitations. It should demonstrate your ability to apply the law to
the given facts, and to reason logically in a lawyer-like manner to a sound conclusion from the given
premises.
A mere "Yes" or "No" answer without any corresponding explanation or discussion will not be given
any credit. Thus, always briefly but fully explain your answers although the question does not
expressly ask for an explanation. At the same time, remember that a complete explanation does not
require that you volunteer information or discuss legal doctrines that are not necessary or pertinent to
the solution to the problem. Yon do not need to re-write or repeat the question in your Examination
Notebook.
4. MCQs are to be answered by writing in your Examination Notebook the capital letter (A, B, C, D, or
E) corresponding to your chosen answer. The MCQ answers should begin in the page following the
last page of your essay answers.
There is only one correct answer to every MCQ; choose the BEST answer from among the offered
choices. Note that some MCQs may need careful analysis both of the questions and the choices
offered.
5. Make sure you do not write your name or any extraneous note/s or distinctive marking/s on your
Examination Notebook that can serve as an identifying mark/s (such as names that are not in the
given questions, prayers, or private notes to the Examiner).
Writing, leaving or making any distinguishing or identifying mark in the Examination Notebook is
considered cheating and can disqualify you for the Bar examinations. You can use the questionnaire
for notes you may wish/need to write during the examination.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE
J. ARTURO D. BRION
Chairman
2013 Bar Examinations
ESSAY QUESTIONS
I.
You are a Family Court judge and before you is a Petition for the Declaration of Nullity of Marriage
(under Article 36 of the Family Code)filed by Maria against Neil. Maria claims that Neil is
psychologically incapacitated to comply with the essential obligations of marriage because Neil is a
drunkard, a womanizer, a gambler, and a mama's boy- traits that she never knew or saw when Neil
was courting her. Although summoned, Neil did not answer Maria's petition and never appeared in

court.
To support her petition, Maria presented three witnesses- herself, Dr. Elsie Chan, and Ambrosia. Dr.
Chan testified on the psychological report on Neil that she prepared. Since Neil never acknowledged
n9r responded to her invitation for interviews, her report is solely based on her interviews with Maria
and the spouses' minor children. Dr. Chan concluded that Neil is suffering from Narcissistic
Personality Disorder, an ailment that she found to be already present since Neil's early adulthood and
one that is grave and incurable. Maria testified on the specific instances when she found Neil drunk,
with another woman, or squandering the family's resources in a casino. Ambrosia, the spouses'
current household help, corroborated Maria's testimony.
On the basis of the evidence presented, will you grant the petition? (8%)
II.
A collision occurred at an intersection involving a bicycle and a taxicab. Both the bicycle rider (a
businessman then doing his morning exercise) and the taxi driver claimed that the other was at fault.
Based on the police report, the bicycle crossed the intersection first but the taxicab, crossing at a fast
clip from the bicycle's left, could not brake in time and hit the bicycle's rear wheel, toppling it and
throwing the bicycle rider into the sidewalk 5 meters away.
The bicycle rider suffered a fractured right knee, sustained when he fell on his right side on the
concrete side walk. He was hospitalized and was subsequently operated on, rendering him immobile
for 3 weeks and requiring physical rehabilitation for another 3 months. In his complaint for damages,
the rider prayed for the award ofP1,000,000 actual damages,P200,000 moral damages, P200,000
exemplary damages, P1 00,000 nominal damages and P50,000 attorney's fees.
Assuming the police report to be correct and as the lawyer for the bicycle rider, what evidence
(documentary and testimonial) and legal arguments will you present in court to justify the damages
that your client claims? (8%)
III.
Sergio is the registered owner of a 500-square meter land. His friend, Marcelo, who has long been
interested in the property, succeeded in persuading Sergio to sell it to him. On June 2, 2012, they
agreed on the purchase price of P600,000 and that Sergio would give Marcelo up to June30, 2012
within which to raise the amount. Marcelo, in a light tone usual between them, said that they should
seal their agreement through a case of Jack Daniels Black and P5,000 "pulutan" money which he
immediately handed to Sergio and which the latter accepted. The friends then sat down and drank
the first bottle from the case of bourbon.
On June 15, 2013, Sergio learned of another buyer, Roberto, who was offering P800,000 in ready
cash for the land. When Roberto confirmed that he could pay in cash as soon as Sergio could get the
documentation ready, Sergio decided to withdraw his offer to Marcelo, hoping to just explain matters
to his friend. Marcelo, however, objected when the withdrawal was communicated to him, taking the
position that they have a firm and binding agreement that Sergio cannot simply walk away from
because he has an option to buy that is duly supported by a duly accepted valuable consideration.
(A) Does Marcelo have a cause of action against Sergio? (5%)
(B) Can Sergio claim that whatever they might have agreed upon cannot be enforced
because any agreement relating to the sale of real property must be supported by evidence
in writing and they never reduced their agreement to writing? (3%)
IV.
Anselmo is the registered owner of a land and a house that his friend Boboy occupied for a nominal
rental and on the condition that Boboy would vacate the property on demand. With Anselmo's
knowledge, Boboy introduced renovations consisting of an additional bedroom, a covered veranda,

and a concrete block fence, at his own expense.

Subsequently, Anselmo needed the property as his residence and thus asked Boboy to vacate and
turn it over to him. Boboy, despite an extension, failed to vacate the property, forcing Anselmo to send
him a written demand to vacate.
In his own written reply, Boboy signified that he was ready to leave but Anselmo must first reimburse
him the value of the improvements he introduced on the property as he is a builder in good faith.
Anselmo refused, insisting that Boboy cannot ask for reimbursement as he is a mere lessee. Boboy
responded by removing the improvements and leaving the building in its original state.
(A) Resolve Boboy's claim that as a builder in good faith, he should be reimbursed the value
of the improvements he introduced. (4%)
(B) Can Boboy be held liable for damages for removing the improvements over Anselmo's
objection? (4%)
V.
Josefa executed a deed of donation covering a one-hectare rice land in favor of her daughter,
Jennifer. The deed specifically provides that:
"For and in consideration of he love and service Jennifer has shown and given to me, I
hereby freely, voluntarily and irrevocably donate to her my one-hectare rice land covered by
TCT No. 11550, located in San Fernando, Pampanga. This donation shall take effect upon
my death."
The deed also contained Jennifer's signed acceptance, and an attached notarized declaration by
Josefa and Jennifer that the land will remain in Josefa's possession and cannot be alienated,
encumbered, sold or disposed of while Josefa is still alive.
Advise Jennifer on whether the deed is a donation inter vivos or mortis causa and explain the
reasons supporting your advice. (8%)
VI.
Lito obtained a loan of P1,000,000 from Ferdie, payable within one year. To secure payment, Lito
executed a chattel mortgage on a Toyota Avanza and a real estate mortgage on a 200-square meter
piece of property.
(A) Would it be legally significant - from the point of view of validity and enforceability - if the
loan and the mortgages were in public or private instruments? (6%)
(B) Lito's failure to pay led to the extra-judicial foreclosure of the mortgaged real property.
Within a year from foreclosure, Lito tendered a manager's check to Ferdie to redeem the
property. Ferdie refused to accept payment on the ground that he wanted payment in cash:
the check does not qualify as legal tender and does not include the interest payment. Is
Ferdie's refusal justified? (4%)
VII.
In 2005, Andres built a residential house on a lot whose only access to the national highway was a
pathway crossing Brando's property. Andres and others have been using this pathway (pathway A)
since 1980.
In 2006, Brand0 fenced off his property, thereby blocking Andres' access to the national highway.
Andres demanded that part of the fence be removed to maintain his old access route to the highway
(pathway A), but Brando refused, claiming that there was another available pathway (pathway B) for
ingress and egress to the highway. Andres countered that pathway B has defects, is circuitous, and is

extremely inconvenient to use.

To settle their dispute, Andres and Brando hired Damian, a geodetic and civil engineer, to survey and
examine the two pathways and the surrounding areas, and to determine the shortest and the least
prejudicial way through the servient estates. After the survey, the engineer concluded that pathway B
is the longer route and will need improvements and repairs, but will not significantly affect the use of
Brando's property. On the other hand, pathway A that had long been in place, is the shorter route but
would significantly affect the use of Brando's property.
In light of the engineer's findings and the circumstances of the case, resolve the parties' right of way
dispute. (6%)
VIII.
Ciriaco Realty Corporation (CRC) sold to the spouses Del a Cruz a500-square meter land (Lot A) in
Paranaque. The land now has a fair market value of Pl,200,000. CRC likewise sold to the spouses
Rodriguez, a 700-square meter land (Lot B) which is adjacent to Lot A. Lot B has a present fair
market value of P1,500,000.
The spouses Dela Cruz constructed a house on Lot B, relying on there presentation of the CRC sales
agent that it is the property they purchased. Only upon the completion of their house did the spouses
Dela Cruz discover that they had built on Lot B owned by the spouses Rodriguez, not on Lot A that
they purchased. They spent P 1 000,000 for the house.
As their lawyer, advise the spouses Dela Cruz on their rights and obligations under the given
circumstances, and the recourses and options open to them to protect their interests. (8%)
IX.
Rica petitioned for the annulment of her ten-year old marriage to Richard. Richard hired Atty. Cruz to
represent him in the proceedings. In payment for Atty. Cruz's acceptance and legal fees, Richard
conveyed to Atty. Cruz a parcel of land in Taguig that he recently purchased with his lotto winnings.
The transfer documents were duly signed and Atty. Cruz immediately took possession by fencing off
the property's entire perimeter.
Desperately needing money to pay for his mounting legal fees and his other needs and despite the
transfer to Atty. Cruz, Richard offered the same parcel of land for sale to the spouses Garcia. After
inspection of the land, the spouses considered it a good investment and purchased it from Richard.
Immediately after the sale, the spouses Garcia commenced the construction of a three-story building
over the land, but they were prevented from doing this by Atty. Cruz who claimed he has a better right
in light of the prior conveyance in his favor.
Is Atty. Cruz's claim correct? (8%)
X.
Manuel was born on 12 March 1940 in a 1 000-square meter property where he grew up helping his
father, Michael, cultivate the land. Michael has lived on the property since the land was opened for
settlement at about the time of the Commonwealth government in 193 5, but for some reason never
secured any title to the property other than a tax declaration in his name. He has held the property
through the years in the concept of an owner and his stay was uncontested by others. He has also
conscientiously and continuously paid the realty taxes on the land.
Michael died in 2000 and Manuel - as Michaels only son and heir -now wants to secure and register
title to the land in his own name. He consults you for legal advice as he wants to perfect his title to
the land and secure its registration in his name.
(A) What are the laws that you need to consider in advising Manuel on how he can perfect his
title and register the land in his name? Explain the relevance of these laws to your projected

course of action. (4%)

(B) What do you have to prove to secure Manuel's objectives and what documentation are
necessary? (4%)
MULTIPLE CHOICE QUESTIONS
I. Armand died intestate. His full-blood brothers, Bobby and Conrad, and half-blood brothers, Danny,
Edward and Floro, all predeceased him. The following are the surviving relatives:
1. Benny and Bonnie, legitimate children of Bobby;
2. Cesar, legitimate child of Conrad;
3. Dante, illegitimate child of Danny;
4. Ernie, adopted child of Edward; and
5. Felix, grandson of Floro.
The net value of Armand's estate is Pl,200,000.
I. (1) How much do Benny and Bonnie stand to inherit by right of representation? (1%)
(A) P200,000
(B) P300,000
(C) P400,000
(D) P150,000
(E) None of the above.
I. (2) How much is Dante's share in the net estate? (1%)
(A) P150,000.
(B) P200,000.
(C) P300,000.
(D) P400,000.
(E) None of the above.
I. (3) How much is Ernie's share in the net estate . (1%)
(A) P 0.
(B) P400,000.
(C) P150,000.
(D) P200,000.
(E) None of the above.

I. (4) How much is Felix's share in the net estate? (1%)

(A) P400,000.
(B) P150,000.
(C) P300,000.
(D) P0.
(E) None of the above.
II. A, B, C and D are the solidary debtors of X for P40,000. X released D from the payment of his
share of PI 0,000. When the obligation became due and demandable, C turned out to be insolvent.
Should the share of insolvent debtor C be divided only between the two other remaining debtors, A
and B? (1%)
(A) Yes. Remission of D's share carries with it total extinguishment of his obligation to the
benefit of the solidary debtors.
(B) Yes. The Civil Code recognizes remission as a mode of extinguishing an obligation. This
clearly applies to D.
(C) No. The rule is that gratuitous acts should be restrictively construed, allowing only the
least transmission of rights.
(D) No, as the release of the share of one debtor would then increase the burden of the other
debtors without their consent.
III. Amador obtained a loan of P300,000 from Basilio payable on March25, 2012. As security for the
payment of his loan, Amador constituted a mortgage on his residential house and lot in Basilio's
favor. Cacho, a good friend of Amador, guaranteed and obligated himself to pay Basilio, in case
Amador fails to pay his loan at maturity.
III. (1) If Amador fails to pay Basilio his loan on March 25, 2012, can Basilio compel Cacho to
pay? (1%)
(A) No, Basilio cannot compel Cacho to pay because as guarantor, Cacho can invoke
the principle of excussion, i.e., all the assets of Basilio must first be exhausted.
(B) No, Basilio cannot compel Cacho to pay because Basilio has not exhausted the
available remedies against Amador.
(C) Yes, Basilio can compel Cacho to pay because the nature of Cacho's undertaking
indicates that he has bound himself solidarily with Amador.
(D) Yes, Basilio can compel Cacho who bound himself to unconditionally pay in case
Amador fails to pay; thus the benefit of excussion will not apply.
III. (2) If Amador sells his residential house and lot to Diego, can Basilio foreclose the real
estate mortgage? (1%)
(A) Yes, Basilio can foreclose the real estate mortgage because real estate mortgage
creates a real right that attaches to the property.
(B) Yes, Basilio can foreclose the real estate mortgage. It is binding upon Diego as
the mortgage is embodied in a public instrument.

(C) No, Basilio cannot foreclose the real estate mortgage. The sale confers ownership
on the buyer, Diego, who must therefore consent.
(D) No, Basilio cannot foreclose the real estate mortgage. To deprive the new owner
of ownership and possession is unjustand inequitable.
IV. Cruz lent Jose his car until Jose finished his Bar exams. Soon after Cruz delivered the car, Jose
brought it to Mitsubishi Cubao for maintenance check up and incurred costs of P8,000. Seeing the
car's peeling and faded paint, Jose also had the car repainted for P10,000. Answer the two questions
below based on these common facts.
IV. (1) After the bar exams, Cruz asked for the return of his car. Jose said he would return it
as soon as Cruz has reimbursed him for the car maintenance and repainting costs of P
18,000.
Is Jose's refusal justified? (1%)
(A) No, Jose's refusal is not justified. In this kind of contract, Jose is obliged to pay for
all the expenses incurred for the preservation of the thing loaned.
(B) Yes, Jose's refusal is justified. He is obliged to pay forall the ordinary and
extraordinary expenses, but subject to reimbursement from Cruz.
(C) Yes, Jose's refusal is justified. The principle of unjust enrichment warrants the
reimbursement of Jose's expenses.
(D) No, Jose's refusal is not justified. The expenses he incurred are useful for the
preservation of the thing loaned. It is Jose's obligation to shoulder these useful
expenses.
IV. (2) During the bar exam month, Jose lent the car to his girlfriend, Jolie, who parked the car
at the Mall of Asia's open parking lot, with the ignition key inside the car. Car thieves broke
into and took the car.
Is Jose liable to Cruz for the loss of the car due to Jolie's negligence? (1%)
(A) No, Jose is not liable to Cruz as the loss was not due to his fault or negligence.
(B) No, Jose is not liable to Cruz. In the absence of any prohibition, Jose could lend
the car to Jolie. Since the loss was due to force majeure, neither Jose nor Jolie is
liable.
(C) Yes, Jose is liable to Cruz. Since Jose lent the car to Jolie without Cruz's consent,
Jose must bear the consequent loss of the car.
(D) Yes, Jose is liable to Cruz. The contract between them is personal in nature. Jose
can neither lend nor lease the car to a third person.
V. In 2005, L, M, N, 0 and P formed a partnership. L, M and N were capitalist partners who
contributed P500,000 each, while 0, a limited partner, contributed P1 ,000,000. P joined as an
industrial partner, contributing only his services. The Articles of Partnership, registered with the
Securities and Exchange Commission, designated L and 0 as managing partners; L was liable only to
the extent of his capital contribution; and P was not liable for losses.
In 2006, the partnership earned a net profit of P800,000. In the same year, P engaged in a different
business with the consent of all the partners. However, in 2007, the partnership incurred a net loss
of P500,000. In 2008,the partners dissolved the partnership. The proceeds of the sale of partnership
assets were insufficient to settle its obligation. After liquidation, the partnership had an unpaid liability
ofP300,000.

V. (l) Assuming that the just and equitable share of the industrial partner, P, in the profit in
2006 amounted to P1 00,000, how much is the share of 0, a limited partner, in the P800,000
net profit? (1%)
(A) P160,000.
(B) P175,000.
(C) P280,000.
(D) P200,000.
(E) None of the above.
V. (2) In 2007, how much is the share of 0, a limited partner, in the net loss of P500,000?
(1%)
(A) P 0.
(B) P1 00,000.
(C) P125,000.
(D) P200,000.
(E) None of the above.
V. (3) Can the partnership creditors hold L, 0 and Pliable after all the assets of the partnership
are exhausted? (1%)
(A) Yes. The stipulation exempting P from losses is valid only among the partners. L is
liable because the agreement limiting his liability to his capital contribution is not valid
insofar as the creditors are concerned. Having taken part in the management of the
partnership, 0 is liable as capitalist partner.
(B) No. P is not liable because there is a valid stipulation exempting him from losses.
Since the other partners allowed him to engage in an outside business activity, the
stipulation absolving P from liability is valid. For 0, it is basic that a limited partner is
liable only up to the extent of his capital contribution.
(C) Yes. The stipulations exempting P and L from losses are not binding upon the
creditors. 0 is likewise liable because the partnership was not formed in accordance
with the requirements of a limited partnership.
(D) No. The Civil Code allows the partners to stipulate that a partner shall not be
liable for losses. The registration of the Articles of Partnership embodying such
stipulations serves as constructive notice to the partnership creditors.(E) None of the
above is completely accurate.
VI. Gary is a tobacco trader and also a lending investor. He sold tobacco leaves to Homer for delivery
within a month, although the period for delivery was not guaranteed. Despite Gary's efforts to deliver
on time, transportation problems and government red tape hindered his efforts and he could only
deliver after 30 days. Homer refused to accept the late delivery and to pay on the ground that the
agreed term had not been complied with.
As lending investor, Gary granted a Pl,000,000 loan to Isaac to be paid within two years from
execution of the contract. As security for the loan, Isaac promised to deliver to Gary his Toyota Innova
within seven (7) days, but Isaac failed to do so. Gary was thus compelled to demand payment for the
loan before the end of the agreed two-year term.

VI. (l) Was Homer justified in refusing to accept the tobacco leaves? (1%)
(A) Yes. Homer was justified in refusing to accept the tobacco leaves. The delivery
was to be made within a month. Gary's promise of delivery on a "best effort" basis
made the delivery uncertain. The term, therefore, was ambiguous.
(B) No. Homer was not justified in refusing to accept the tobacco leaves. He
consented to the terms and conditions of the sale and must abide by it. Obligations
arising from contract have the force of law between the contracting parties.
(C) Yes. Homer was justified in his refusal to accept the delivery. The contract
contemplates an obligation with a term. Since the delivery was made after 30 days,
contrary to the terms agreed upon, Gary could not insist that Homer accept the
tobacco leaves.
(D) No. Homer was not justified in refusing to accept the tobacco leaves. There was
no term in the contract but a mixed condition. The fulfillment of the condition did not
depend purely on Gary's will but on other factors, e.g., the shipping company and the
government. Homer should comply with his obligation.
VI. (2) Can Gary compel Isaac to pay his loan even before the end of the two-year period?
(1%)
(A) Yes, Gary can compel Isaac to immediately pay the loan. Non-compliance with the
promised guaranty or security renders the obligation immediately demandable. Isaac
lost his right to make use of the period.
(B) Yes, Gary can compel Isaac to immediately pay the loan. The delivery of the
Toyota Innova is a condition for the loan. Isaac's failure to deliver the car violated the
condition upon which the loan was granted. It is but fair for Gary to demand
immediate payment.
(C) No, Gary cannot compel Isaac to immediately pay the loan. The delivery of the
car as security for the loan is an accessory contract; the principal contract is still the P
1,000,000 loan. Thus, Isaac can still make use of the period.
(D) No, Gary cannot compel Isaac to immediately pay the loan. Equity dictates that
Gary should have granted a reasonable extension of time for Isaac to deliver his
Toyota Innova. It would be unfair and burdensome for Isaac to pay the P1,000,000
simply because the promised security was not delivered.
VII.
Lito was a commercial pilot who flew for Pacific-Micronesian Air. In 1998, he was the co-pilot of the
airline's Flight MA916 that mysteriously disappeared two hours after take-off from Agana, Guam,
presumably over the Pacific Ocean. No trace of the plane and its 105 passengers and crew was ever
found despite diligent search; Lito himself was never heard of again. Lito left behind his wife, Lita,
and their two children.
In 2008, Lita met and and married Jaime. They now have a child of their own.
While on a tour with her former high school classmates in a remote province of China in 2010, Lita
was surprised to see Lito or somebody who looked exactly like him, but she was sure it was Lito
because of the extreme surprise that registered in his face when he also saw her. Shocked, she
immediately fled to her hotel and post haste returned to the country the next day. Lita now comes to
you for legal advice. She asks you the following questions:
VII. (l) If Lito is alive, what is the status of his marriage to Lita? (1%)
(A) The marriage subsists because the marital bond has not been terminated by

death.
(B) The marriage was terminated when Lita married Jaime.
(C) The marriage subsists because Lita's marriage to Jaime is void.
(D) The marriage is terminated because Lito is presumed dead after his plane has
been missing for more than 4 years.
(E) The marriage can be formally declared terminated if Lito would not resurface.
VII. (2) If Lito is alive, what is the status of Lita's marriage to Jaime? (1%)
(A) The marriage is valid because Lita's marriage to Lito was terminated upon Lito's
disappearance for more than seven years.
(B) The marriage is valid. After an absence of more than 10 years, Lito is already
presumed dead for all purposes.
(C) The marriage is void. Lito's mere absence, however lengthy, is insufficient to
authorize Lita to contract a subsequent marriage.
(D) The marriage is void. If Lito is indeed alive, his marriage to Lita was never
dissolved and they can resume their marital relations at any time.
VIII.
Which of the following actions or defenses are meritorious: (1%)
(A) An action for recovery of downpayment paid under a rescinded oral sale of real property.
(B) A defense in an action for ejectment that the lessor verbally promised to extend or renew
the lease.
(C) An action for payment of sum of money filed against one who orally promised to answer
another's debt in case the latter defaults.
(D) A defense in an action for damages that the debtor has sufficient, but unliquidated assets
to satisfy the credit acquired when it becomes due.
(E) None of the above.
IX.
Betty entrusted to her agent, Aida, several pieces of jewelry to be sold on commission with the
express obligation to turn over to Betty the proceeds of the sale, or to return the jewelries if not sold
in a month's time. Instead of selling the jewelries, Aida pawned them with the Tambunting Pawnshop,
and used the money for herself. Aida failed to redeem the pawned jewelries and after a month, Betty
discovered what Aida had done. Betty brought criminal charges which resulted in Aida's conviction for
estafa.
Betty thereafter filed an action against Tambunting Pawnshop for the recovery of the jewelries.
Tambunting raised the defense of ownership, additionally arguing that it is duly licensed to engage in
the pawnshop and lending business, and that it accepted the mortgage of the jewelry in good faith
and in the regular course of its business.
If you were the judge, how will you decide the case? (1%)
(A) I will rule in favor of Betty. My ruling is based on the Civil Code provision that one who has

lost any movable or has been unlawfully deprived thereof may recover it from the person in
possession of the same. Tam bunting's claim of good faith is inconsequential.
(B) I will rule in favor of Betty. Tambunting's claim of good faith pales into insignificance in
light of the unlawful deprivation of the jewelries. However, equity dictates that Tambunting
must be reimbursed for the pawn value of the jewelries.
(C) I will rule in favor of Tambunting. Its good faith takes precedence over the right of Betty to
recover the jewelries.
(D) I will rule in favor of Tambunting. Good faith is always presumed. Tambunting's lawful
acquisition in the ordinary course of business coupled with good faith gives it legal right over
the jewelries.
X.
Arlene owns a row of apartment houses in Kamuning, Quezon City. She agreed to lease Apartment
No. 1 to Janet for a period of 18 months at the rate of P10,000 per month. The lease was not covered
by any contract. Janet promptly gave Arlene two (2) months deposit and 18 checks covering the
rental payment for 18 months. This show of good faith prompted Arlene to promise Janet that should
Arlene decide to sell the property, she would give Janet the right of first refusal.
X. (1) Not long after Janet moved in, she received news that her application for a Master of
Laws scholarship at King's College in London had been approved. Since her acceptance of
the scholarship entailed a transfer of residence, Janet asked Arlene to return the advance
rental payments she made. Arlene refused, prompting Janet to file an action to recover the
payments. Arlene filed a motion to dismiss, claiming that the lease on which the action is
based, is unenforceable.
If you were the judge, would you grant Arlene's motion? (1%)
(A) Yes, I will grant the motion because the lease contract between Arlene and Janet
was not in writing, hence, Janet may not enforce any right arising from the same
contract.
(B) No, I will not grant the motion because to allow Arlene to retain the advance
payments would amount to unjust enrichment.
(C) Yes, I will grant the motion because the action for recovery is premature; Janet
should first secure a judicial rescission of the contract of lease.
(D) No. I will not grant the motion because the cause of action does not seek to
enforce any right under the contract of lease.
X. (2)Assume that Janet decided not to accept the scholarship and continued leasing
Apartment No. 1. Midway through the lease period, Arlene decided to sell Apartment No. 1 to
Jun in breach of her promise to Janet to grant her the right of first refusal. Thus, Janet filed an
action seeking the recognition of her right of first refusal, the payment of damages for the
violation of this right, and the rescission of the sale between Arlene and Jun.
Is Janet's action meritorious? (1%)
(A) Yes, under the Civil Code, a promise to buy and sell a determinate thing is
reciprocally demandable.
(B) No, the promise to buy and sell a determinate thing was not supported by a
consideration.
(C) Yes, Janet's right of first refusal was clearly violated when the property was not

offered for sale to her before it was sold to Jun.

(D) No, a right of first refusal involves an interest over real property that must be
embodied in a written contract to be enforceable.
(E) None of the above.

2012 BAR EXAMINATIONS

CIVIL LAW
14 October 2012

8:00 A.M. - 10 A.M.

Set A
MULTIPLE CHOICE QUESTIONS (MCQs)
INSTRUCTIONS

The following questionnaire consists of one hundred (100) MCQs numbered 1 up to 100
contained in TWENTY TWO (22) pages.
Answer each question on the MCQ Answer Sheet by shading completely the appropriate
circle corresponding to the letter you have chosen. (Read the Marking Instructions on the
Answer Sheet)
Avoid erasures on the Answer Sheet. If you need to make corrections, erase completely the
answer you want to change.
Keep the Answer Sheet clean. Do not make unnecessary marks on it. Do not fold, roll,
scratch, crumple or tear it.
You may write on the on the questionnaire and use it as scratch paper but make sure to
transfer your answer to the Answer Sheet. Provide ample time to transfer the answers if you
choose to do this.
Answer first the MCQs completely before going to the essay-type questions.
HAND IN YOUR ANSWER SHEET. THERE IS NO NEED TO RETURN THIS
QUESTIONNAIRE TO THE HEAD WATCHER.
GOODLUCK!!!
_____________________________________
MARTIN S. VILLARAMA, JR.
Chairperson
2012 Bar Examinations Committee
PLEASE CHECK THAT THIS SET CONTAINS TWENTY THREE (23) PAGES (INCLUDING
THIS PAGE).
WARNING: NOT FOR SALE OR UNAUTHORIZED USE
CIVIL LAW
1. Which of the following is NOT included in the attributes of juridical capacity?

a) Juridical capacity is inherent in every natural person, and therefore it is not

acquired.
b) Juridical capacity is lost only through death.
c) Juridical capacity is the fitness to be the subject of legal relations.
d) Juridical capacity cannot exist without capacity to act.
2. Which of the following is NOT a restriction on ones capacity to act?
a) Minority
b) Marriage
c) Deaf-mute
d) Civil Interdiction
3. This attribute or incident of a case determine whether it is a conflict-of-laws case or one
covered by domestic law.
a) Cause of action
b) Foreign element
c) Jurisdiction
d) Forum non conveniens
4. The capacity of an heir to succeed shall be governed by the:
a) national law of the decedents heirs
b) law of the country where the decedent was a resident at the time of his death
c) national law of the person who died
d) law of the country where the properties of the decedent are located.
5. Atty. BUKO, a Filipino, executed a will while he was in Spain. The attestation clause of the
said will does not contain Bukos signature. It is valid under Spanish law. At its probate in
Manila, it is being opposed on the ground that the attestation clause does not contain
BUKOs signature. Is the opposition correct? Choose the best answer..
a) Yes, because it is a fatal defect.
b) Yes, the will is not valid under Philippine law.
c) No, attestation clause is not an act of the testator.
d) No, the governing law is Spanish law.
6. Ramon, a Filipino, executed a will in Manila, where he left his house and located in BP
Homes Paraaque in favor of his Filipino son, Ramgen. Ramons other children RJ and
Ramona, both Turkish nationals, are disputing the bequest to Ramgen. They plotted to kill
Ramgen. Ramon learned of the plot, so he tore his will in two pieces out of anger. Which
statement is most accurate?
a) The mere act of Ramon Sr. is immaterial because the will is still readable.

b) The mere act of tearing the will amounts to revocation.

c) The tearing of the will may amount to revocation if coupled with intent of revoking
it.
d) The act of tearing the will is material.
7. Even if the applicable law is a foreign law, a count in the Philippines may be constrained to
apply Philippine law under any of the following instances, except:
a) when the foreign law, judgment or contract is contrary to a sound and important
public policy of the forum;
b) when the property subject of the case is located outside of the Philippines;
c) when the foreign law or judgment is penal in nature;
d) when the foreign law is procedural in nature.
8. If a will is executed by a testator who was born a Filipino citizen but became naturalized
Japanese citizen at the time of his death, what law will govern its testamentary provisions if
the will is executed in China and the property being disposed is located in Indonesia?
a) Chinese law
b) Philippine law
c) Indonesia law
d) Japanese law
9. A Japanese national and a Filipino national entered into a contract for services in Thailand.
The services will be rendered in Singapore. In case of breach, what law will govern?
a) Thailand law
b) Philippine law
c) Singapore law
d) Japanese law
10. Pedro (Filipino) and his wife Jane (American) executed a joint will in Canada, where such
joint will is valid. In case the joint will is probated in Japan, what law will govern the
formalities of the joint will?
a) American law
b) Philippine law
c) Canadian law
d) Japanese law
11. A French national revokes his will in Japan where he is domiciled. He then changed his
domicile to the Philippines where he died. The revocation of his will in Japan is valid under
Japanese law but invalid under Philippine law. The affected heir is a Malaysian national
residing in the Philippines. What law will apply?
a) Japanese law

b) Philippine law
c) French law
d) Malaysian law
12. In the absence of contrary stipulation in a marriage settlement, property relations of
Filipino spouses shall be governed by --a) Philippines laws
b) Law of the place where the spouses reside
c) Law of the place where the properties are situated
d) Law of the place where they were married.
13. The will of a Filipino executed in a foreign country --a) cannot be probated in the Philippines;
b) may be probated in the Philippines provided that properties in the estate are
located in the Philippines;
c) cannot be probated before the death of the testator;
d) may be probated in the Philippines provided it was executed in accordance with
the laws of the place where the will was executed.
14. Pedro (Filipino and Bill (American) entered into a contract in Australia, whereby it was
agreed that Pedro will build a commercial building for Bill in the Philippines, and in payment
for the construction, Bill will transfer and convey his cattle ranch located in Japan in favor of
Pedro. In case Pedro performs his obligation, but Bill fails or refuses to pay, what law will
govern?
a) American law
b) Philippine law
c) Australian law
d) Japanese law
(Facts for item numbers 15-18)
In 1989, Charice (Filipina) and Justine (American), were married in the Philippines. In
1990, they separated and Justine went to Las Vegas where he obtained a divorce in
the same year. He then married another Filipina, Lea, in Canada on January 1, 1992.
They had two (2) sons, James and John (who were both born in 1992). In 1993, after
failing to hear from Justine, Charice married Bugoy (a Filipino), by whom she had a
daughter, Regine. In 2009, Regine married James (son of Justine with Lea) in
California, where such marriage is valid.
15. What is the current status of the marriage of Charice and Justine under Philippine laws?
a) Valid
b) Void
c) Voidable

d) Dissolved
16. What id the status of the marriage between Charice and Bugoy under Philippine laws?
a) Valid
b) Void
c) Voidable
d) Unenforceable
17. What is the status of the marriage between Charice and Bugoy under Philippine laws?
a) Valid
b) Void
c) Voidable
d) Unenforceable
18. What is the status of the marriage between Regine and James under Philippine laws?
a) Valid
b) Void
c) Voidable
d) Unenforceable
19. Ricky and Princess were sweethearts. Princess became pregnant. Knowing that Ricky is
preparing for the examinations, Marforth, a lawyer and cousin of Princess, threatened Ricky
with the filing of a complaint for immorality in the Supreme Court, thus preventing him from
taking examinations unless he marries Princess. As a consequence of the threat, Ricky
married Princess. Can the marriage be annulled on the ground of intimidation under Article
45 of the Family Code? Choose the best answer.
a) Yes, because without the threat, Ricky would not have married Princess.
b) Yes, because the threat to enforce the claim of Princess vitiates the consent of
Ricky in contracting the marriage.
c) No, because the threat made by Marforth is just and legal.
d) No, because Marforth is not a party to the contract of marriage between Princess
and Ricky.
20. Audrey, single, bought a parcel of land in Malolos City from Franco for P 1Million. A
contract was executed between them which already vested upon Audrey full ownership of
the property, although payable in monthly installments for a period of four (4) years. One (1)
year after the execution of the contract, Audrey got married to Arnel. They executed a
marriage settlement whereby they agreed that their properties shall be governed by the
regime of conjugal partnership of gains. Thereafter, subsequent installments were paid from
the conjugal partnership funds. Is the land conjugal or paraphernal?
a) The land is conjugal because the installments were paid from the conjugal
partnership funds.

b) The land is paraphernal because ownership thereof was acquired before the
marriage.
c) The land is both conjugal and paraphernal funds of installments were paid from
both the personal funds of Audrey and the conjugal partnership funds.
d) The land is paraphernal because it was Audrey who purchased the same.
21. Ernesto donated a mobile phone worth P 32,000 to Hubert orally and delivered the unit
to Hubert who accepted. Which statement is most accurate?
a) The donation is void and Ernesto may get mobile phone back.
b) The donation is void but Ernesto cannot get the mobile phone back.
c) The donation is voidable and may be anulled.
d) The donation is valid.
22. Agay, a Filipino citizen and Topacio, an Australian citizen, got married in the consular
office of the Philippines in Australia. According to the laws of Australia, a marriage
solemnized by a consular official is valid, provided that such marriage is celebrated in
accordance with the laws of such consular official. Under Philippine law, what is the status of
the marriage of Agay and Topacio? Choose the best answer.
a) Void, because the consular official only has authority to solemnize marriages
between Filipinos.
b) Valid, because according to the laws of Australia, such consular official has
authority to celebrate the marriage.
c) Voidable, because there is an irregularity in the authority of the consular official to
solemnize marriages.
d) Valid, because such marriage is recognized as valid in the place where it was
celebrated.
23. Separation of property between spouses during the marriage may take place only:
a) by agreement of the spouses.
b) If one of the spouses has given ground for legal separation.
c) Upon order of the court.
d) If one spouse has abandoned the other.
24. The husband may impugn the legitimacy of his child but not on the ground that:
a) the wife is suspected of infidelity.
b) the husband had a serious illness that prevented him from engaging in sexual
intercourse.
c) they were living apart.
d) he is physically incapable of sexual intercourse.
25. A marriage is void if:

a) solemnized with a marriage license issued without complying with the required 10day posting.
b) solemnized by a minister whom the parties believe to have the authority.
c) between parties both 23 years of age but without parental advice.
d) none of the above
26. In legal separation, which is not correct?
a) The aggrieved spouse may file the action within five (5) years from the time of the
occurrence of the cause.
b) No trial shall be held without the 6-month cooling off period being observed.
c) The spouses will be entitled to live separately upon the start of the trial.
d) The prosecuting attorney has to conduct his own investigation.
27. A husband by chance discovered hidden treasure on the paraphernal property of his
wife. Who owns the discovered treasure?
a) The half pertaining to the husband (finder) belongs to the conjugal partnership.
b) The half pertaining to the wife (as owner) belongs to the conjugal partnership.
c) One half shall belong to the husband as finder and the other half shall belong to
the wife as owner of the property.
d) a and b
28. Which of the following marriages is void for reasons of public policy?
a) Between brothers and sisters, whether of the full or half blood.
b) Between step-parents and step children.
c) Between parents-in-law and children-in-law.
d) b and c
29. The following constitute the different circumstances or case of fraud which will serves as
ground for the annulment of a marriage, except?
a) Non-disclosure of the previous conviction by final judgment of the other party of a
crime involving moral turpitude.
b) Concealment of a sexually-transmissible disease, regardless of its nature, existing
at the time of the marriage.
c) Concealment of drug addiction, habitual alcoholism, homosexuality or lesbianism
existing at the time of marriage.
d) Concealment by the wife or the husband of the fact of sexual relations prior to the
marriage.
30. Which of the following is not a requisite for a valid donation propter nuptias?
a) The donation must be made before the celebration of the marriage.

b) The donation shall be automatically revoked in case of non-celebration of the

marriage.
c) The donation must be made in consideration of the marriage.
d) The donation must be made in favor of one or both of the future spouses.
31. Who are illegitimate children?
a) Children conceived or born outside a valid marriage.
b) Children born under a valid marriage, which was later declared void because of
the psychological incapacity of either or both of the spouses.
c) Children conceived and born outside a valid marriage.
d) Children born under a valid marriage, but the parents later obtained a legal
separation.
32. An illegitimate child may use the surname of his father when his filiation is established in
any of the following instances, except:
a) Filiation has been recognized by the father through the record of birth appearing in
the civil register
b) Admission of filiation by the father in a public document.
c) Private handwritten instrument is made by the father acknowledging his filiation.
d) Affidavit by the mother stating the name of his true father.
33. Under RA 8043, an adopter is required to be at least ____ years old and ____ years
older than the child to be adopted at the time of the application unless the adopter is the
parent by nature of the child.
a) 30 and 15
b) 27 and 16
c) 50 and 10
d) 18 and 15
34. Under RA 8043, a child qualified to be adopted is any person below _____ years old.
a) 18
b) 21
c) 15
d) 16
35. Which of the following DOES NOT result in permanent termination of parental authority?
a) Death of the parents.
b) Death of the child.
c) Emancipation of the child.

d) Conviction of the parents of a crime which carries with it the penalty of civil
interdiction.
36. The court, in an action filed for the purpose, may suspend parental authority if the parent
or the person exercising parental authority commits any of the following acts, except:
a) Treats the child with excessive harshness or cruelty.
b) Gives the child corrupting orders, counsel or example.
c) Compels the child to take up a course in college against his/her will.
d) Subjects the child or allows him to be subjected to acts of lasciviousness.
37. Which of the following statements is wrong?
a) The possessor in bad faith shall reimburse the fruits received and those which the
legitimate possessor could have received.
b) The possessor in bad faith has right of reimbursement for necessary expenses
and those for the production, gathering and preservation of the fruits.
c) The possessor in bad faith is not entitled to a refund of ornamental expenses.
d) The possessor in bad faith is entitled to a refund of useful expenses.
38. Which phrase most accurately completes the statement The expenses incurred in
improvements for the luxury or mere pleasure shall not be refunded to thew possessor in
bad faith:
a) but he may remove the objects for which such expenses have been incurred,
provided that the thing suffers no injury thereby, and that the lawful possessor does
not prefer to retain them.
b) and he may not remove the objects for which such expenses have been incurred.
c) and he may not remove the objects for which such expenses have been incurred,
unless he pays the value they may have at the time he entered into possession.
d) but he may remove the objects for which such expenses have been incurred.
39. The following are the limitations on the right of ownership imposed by the owner
himself, except:
a) Will/Succession
b) Mortgage
c) Pledge
d) Lease
40. A plenary action for the recovery of the possession of real estate, upon mere allegation
and proof of a better right thereto, and without allegation of proof of title. This action can only
be brought after the expiration of one (1) year. What action is being referred to?
a) Accion publiciana
b) Accion reinvindicatoria

c) Accion interdictal
d) Quieting of Title
41. Action to recover real property based on ownership. Here, the object is the recovery of
the dominion over the property as owner. What action is being referred to?
a) Accion publiciana
b) Accion reinvindicatoria
c) Accion interdictal
d) Quieting of Title
42. A summary action to recover physical or material possession only and must be brought
within one (1) year from the time the cause of action arises. What action is being referred to?
a) Accion publiciana
b) Accion reinvindicatoria
c) Accion interdictal
d) Quieting of Title
43. The following things are property of public dominion, except:
a) ports and bridges constructed by the State.
b) vehicles and weapons of the Armed Forces of the Philippines.
c) rivers.
d) lands reclaimed by the state from the sea.
44. Which of the following statements is wrong?
a) patrimonial property of the state, when no longer intended for public use or for
public service, shall become property of public dominion.
b) all property of the State, which is not of public dominion, is patrimonial property.
c) The property of provinces, cities and municipalities is divided into property for
public use and patrimonial property.
d) Property is either of public dominion or of private ownership.
45. The following cannot ask for the reduction of inofficious donation, except:
a) Creditors of the deceased
b) Devisees or legatees
c) Compulsory heirs of the donor
d) The surviving spouse of the donee.
46. Donation is perfected from the moment ---

a) the donee accepts the donation.

b) the donor executes the deed of donation.
c) the donor knows of the donees acceptance even if the latter has not received the
copy of the deed of donation.
d) the donee confirms that the donor has learned the formers acceptance.
47. The following are the elements of an obligation, except:
a) Juridical/Legal Tie
b) Active subject
c) Passive subject
d) Consideration
48. It is a conduct that may consist of giving, doing, or not doing something.
a) Obligation
b) Juridical necessity
c) Prestation
d) Contract
49. It is a juridical relation arising from lawful, voluntary and unilateral acts based on the
principle that no one should unjustly enrich himself at the expense of another.
a) Quasi-contract
b) Quasi-delict
c) Cotract
d) Delict
50. The following are the elements of quasi-delict, except:
a) Act or omission
b) Fault/negligence
c) Damage/injury
d) Pre-existing contract
51. A debtor is liable for damages in case of delay if he is guilty of any of the
following, except:
a) default (mora)
b) mistake
c) negligence (culpa)

d) breach through contravention of the tenor thereof

52. This term refers to a delay on the part of both the debtor and creditor in reciprocal
obligations.
a) Mora accipiendi
b) Mora solvendi
c) Compensation morae
d) Solution indibiti
53. The following are the requisites of mora solvendi, except:
a) Obligation pertains to the debtor and is determinate, due, demandable, and
liquidated.
b) Obligation was performed on its maturity date.
c) There is judicial or extrajudicial demand by the creditor.
d) Failure of the debtor to comply with such demand.
54. It is an international evasion of the faithful performance of the obligation.
a) Negligence
b) Fraud
c) Delay
d) Mistake
55. The following are the requisites of fortuitous event, except:
a) Cause is independent of the will of the debtor.
b) The event is unforeseeable/unavoidable.
c) Occurrence renders it absolutely impossible for the debtor to fulfill his obligation in
a normal manner; impossibility must be absolute not partial, otherwise not force
majeure.
d) Debtor contributed to the aggravation of the injury to the creditor.
56. A debtor may still be held liable for loss or damages even if it was caused by a fortuitous
event in any of the following instances, except:
a) The debtor is guilty of dolo, malice or bad faith, has promised the same thing to
two or more persons who do not have the same interest.
b) The debtor contributed to the loss.
c) The thing to be delivered is generic.
d) The creditor is guilty of fraud, negligence or delay or if he contravened the tenor of
the obligation.

57. Buko, Fermin and Toti bound themselves solidarily to pay Ayee the amount
of P 5,000.00. Suppose Buko paid the obligation, what is his right as against his co-debtors?
a) Buko cas ask for reimbursement from Fermin and Toti.
b) Buko can sue Fermin and Toti for damages.
c) Buko can sue for rescission.
d) Buko can claim a refund from Ayee.
58. Buko, Fermin and Toti bound themselves solidarily to pay Ayee the sum of P 10,000.00.
When the obligation became due and demandable, Ayee sued Buko for the payment of
the P 10,000.00. Buko moved to dismiss on the ground that there was failure to implead
Fermin and Toti who are indispensable parties. Will the motion to dismiss prosper? Why?
a) Yes, because Fermin and Toti should have been impleaded as their obligation is
solidary.
b) No, because the creditor may proceed against any one of the solidary debtors or
some or all of them simultaneously.
c) No, because a motion to dismiss is a prohibited pleading.
d) Yes, because Fermin and Toti should also pay their share of the obligation.
59. Buko, Fermin and Toti are solidarily debtors of Ayee. Twelve (12) years after the
obligation became due and demandable, Buko paid Ayee and later on asked for
reimbursement of Fermins and Totis shares. Is Buko correct? Why?
a) No, because the obligation has already prescribed.
b) Yes, because the obligation is solidary.
c) No, because in solidary obligation any one of the solidary debtors can pay the
entire debt.
d) Yes, because Fermin and Toti will be unduly enriched at the expense of Buko.
60. Buko, Fermin and Toti are solidary debtors under a loan obligation of P 300,000.00 which
has fallen due. The creditor has, however, condoned Fermins entire share in the debt. Since
Toti has become insolvent, the creditor makes a demand on Buko to pay the debt. How
much, if any, may Buko be compelled to pay?
a) P 200.000.00
b) P 300,000.00
c) P 100,000.00
d) P 150,000.00
61. Dina bought a car from Jai and delivered a check in payment of the same. Has Dina paid
the obligation? Why?
a) No, not yet. The delivery of promissory notes payable to order, or bills of exchange
or other mercantile documents shall produce the effect of payment only when they
have been cashed, or when through the fault of the creditor they have been impaired.
b) Yes, because a check is a valid legal tender of payment.

c) It depends. If the check is a managers check or cashiers check it will produce the
effect of payment. If its an ordinary check, no payment.
d) Yes, because a check is as good as cash.
62. The following are the requisites of legal compensation, except:
a) That each of the obligors is bound principally and that he be the same time a
principal creditor of the other.
b) That both debts consist in a sum of money, or if the things due are consumable,
they be the same kind, and also of the same quality if the latter has been stated.
c) That the two (2) debts are not yet due.
d) That they be liquidated and demandable.
63. Which of the following statements is correct?
a) All contracts are perfected by mere consent.
b) All contracts are perfected by delivery of the object.
c) All contracts are required to be in writing.
d) All contracts are required to have a valid consideration.
64. It is a principle which holds that parties are bound not only by what has been expressly
provided for in the contract but also to the natural consequences that flow out of such
agreement.
a) Obligatory force of contracts
b) Mutuality of contracts
c) Autonomy of contracts
d) Relativity of contracts
65. It is a principle which holds that contracts must be binding to both parties and its validity
and effectivity can never be left to the will of one of the parties.
a) Obligatory force of contracts
b) Mutuality of contracts
c) Autonomy of contracts
d) Relativity of contracts
66. It refers to the rule that a contract is binding not only between parties but extends to the
heirs, successors in interest, and assignees of the parties, provided that the contract
involved transmissible rights by their nature, or by stipulation or by law.
a) Obligatory force of contracts
b) Mutuality of contracts
c) Autonomy of contracts

d) Relativity of contracts
67. It is rule which holds that the freedom of the parties to contract includes the freedom to
stipulate, provided the stipulations are not contrary to law, morals, good customs, public
order or public policy.
a) Obligatory force of contracts
b) Mutuality of contracts
c) Autonomy of contracts
d) Relativity of contracts
68. The following are the ways by which innominate contracts are regulated, except:
a) By the stipulation of the parties.
b) By the general principles of quasi-contracts and delicts
c) By the rules governing the most analogous nominate contracts.
d) By the customs of the place.
69. An offer becomes ineffective on any of the following grounds, except:
a) Death, civil interdiction, insanity/insolvency of either party before acceptance is
conveyed.
b) Acceptance of the offer by the offeree.
c) Qualified/conditional acceptance of the offer, which becomes counter-offer.
d) Subject matter becomes illegal/impossible before acceptance is communicated.
70. Which of the following statements is correct?
a) Offers in interrelated contracts are perfected upon consent.
b) Offers in interrelated contracts require a single acceptance.
c) Business advertisements are definite offers that require specific acceptance.
d) Advertisements for Bidders are only invitations to make proposals and the
advertiser is not bound to accept the highest/lowest bidder, unless it appears
otherwise.
71. The following are solemn contracts (Contracts which must appear in writing), except:
a) Donations of real estate or of movables if the value exceeds P 5,000.00.
b) Stipulation to pay interest in loans.
c) Sale of land through an agent (authority must be in writing).
d) Construction contract of a building.
72. The following are rescissible contracts, except:

a) Entered into by guardian whenever ward suffers damage more than of value of
property.
b) Agreed upon in representation of absentees, if absentee suffers lesion by more
than of value of property.
c) Contracts where fraud is committed on creditor (accion pauliana).
d) Contracts entered into by minors.
73. The following are the requisites before a contract entered into in fraud of creditors may
be rescinded, except:
a) There must be credited existing prior to the celebration of the contract.
b) There must be fraud, or at least, the intent to commit fraud to the prejudice of the
creditor seeking rescission.
c) The creditor cannot in any legal manner collect his credit (subsidiary character of
rescission)
d) The object of the contract must be legally in the possession of a 3rd person in good
faith.
74. The following are the characteristics of a voidable contract, except:
a) Effective until set aside.
b) May be assailed/attacked only in an action for that purpose.
c) Can be confirmed or ratified.
d) Can be assailed only by either party.
75. The following are void contracts, except:
a) Pactum commissorium
b) Pactum de non alienando
c) Pactum leonina
d) Pacto de retro
76. The borrower in a contract of loan or mutuum must pay interest to the lender.
a) If there is an agreement in writing to the effect.
b) As a matter of course.
c) If the amount borrowed is very large.
d) If the lender so demands at the maturity date.
77. The liability of the school, its administrators and teachers, or the individual, entity or
institution engaged in child care over the minor child or damage caused by the acts or
omissions of the unemancipated minor while under their supervision, instruction or custody
shall be:
a) Joint and subsidiary

b) Principal and solidary

c) Principal and joint
d) Subsidiary and solidary.
78. The creditor has the right to the fruits of the thing from the time:
a) the thing is delivered.
b) the obligation to deliver the things arises.
c) the contract is perfected.
d) the fruits are delivered.
79. If one of the parties to the contract is without juridical capacity, the contract is:
a) voidable
b) rescissible
c) void
d) unenforceable
80. When both parties to the contract are minors, the contract is:
a) voidable
b) rescissible
c) void
d) unenforceable
81. When the consent of one of the parties was vitiated, the contract is:
a) voidable
b) rescissible
c) void
d) unenforceable
82. An obligation which is based on equity and natural law is known as:
a) pure
b) quasi-contract
c) civil
d) natural
83. Consent was given by one in representation of another but without authority. The
contract is:

a) voidable
b) rescissible
c) void
d) unenforceable
84. Michael Fermin, without the authority of Pascual Lacas, owner of a car, sold the same
car in the name of Mr. Lacas to Atty. Buko. The contract between Atty. Buko and Mr. Lacas is
--a) void because of the absence of consent from the owner, Mr. Lacas.
b) valid because all of the essential requisites of a contract are present.
c) unenforceable because Michael Fermin had no authority but he sold the car in the
name of Mr. Lacas, the owner.
d) rescissible because the contract caused lesion to Atty. Buko.
85. Which of the following contracts is void?
a) An oral sale of a parcel of land.
b) A sale of land by an agent in a public instrument where his authority from the
principal is oral.
c) A donation of a wrist watch worth P 4,500.00.
d) A relatively simulated contract.
86. Which of the following expresses a correct principle of law? Choose the best answer.
a) Failure to disclose facts when there is a duty to reveal them, does not constitute
fraud.
b) Violence or intimidation does not render a contract annullable if employed not by a
contracting party but by a third person.
c) A threat to enforce ones claim through competent authority, if the claim is legal or
just, does not vitiate consent.
d) Absolute simulation of a contract always results in a void contract.
87. Aligada orally offered to sell his two-hectare rice land to Balane for P 10Million. The offer
was orally accepted. By agreement, the land was to be delivered (through execution of a
notarized Deed of Sale) and the price was to be paid exactly one-month from their oral
agreement. Which statement is most accurate?
a) If Aligada refuses to deliver the land on the agreed date despite payment by
Balane, the latter may not successfully sue Aligada because the contract is oral.
b) If Aligada refused to deliver the land, Balane may successfully sue for fulfillment of
the obligation even if he has not tendered payment of the purchase price.
c) The contract between the parties is rescissible.
d) The contract between the parties is subject to ratification by the parties.

88. Which of the following statements is wrong?

a) Creditors are protected in cases of contracts intended to defraud them.
b) Contracts take effect only between the parties, their assign and heirs, except in
case where the rights and obligations arising from the contract are not transmissible
by their nature, or by stipulation or by provision of law.
c) If a contract should contain some stipulation in favor of a third person, he may
demand its fulfillment provided he communicated his acceptance to the obligor
before its revocation.
d) In contracts creating real rights, third persons who come into possession of the
object of the contract are not bound thereby.
89. Which phrase most accurately completes the statement Any third person who induces
another to violate his contract:
a) shall be liable for damages only if he is a party to the same contract.
b) shall be liable for damages to the other contracting party.
c) shall not be liable for damages to the other contracting party.
d) shall not be liable for damages if the parties are in pari delicto.
90. The requisites of succession are as follows, except:
a) Death of decedent
b) Transmissible estate
c) Existence and capacity of successor, designated by decedent or law
d) Payment of Taxes
91. The characteristics of succession are as follows, except:
a) It is a legal contract.
b) Only property, rights and obligations to the extent of the value of the inheritance
are transmitted.
c) The transmission takes place only at the time of death.
d) The transmission takes place either by will or by operation of law.
92. The following rights are extinguished by death, except:
a) Legal support
b) Parental authority
c) Right to inherit
d) Agency
93. The attestation clause contains the following, except:
a) the number of pages used;

b) that the testator signed or caused another to sign the will and every page thereof
in the presence of the instrumental witnesses;
c) notary public;
d) the instrumental witnesses witnessed and signed the will and all the pages thereof
in the presence of the testator and one another.
94. The following are the formalities required in the execution of holographic will, except:
a) Entirely written;
b) Dated;
c) Signed by testator himself
d) Notarized by a notary public.
95. The following are the grounds for disallowance of wills, except:
a) The formalities required by law have not been complied with.
b) The testator was insane or mentally incapable of making will.
c) The will was executed through force or under duress, or influence of fear or
threats.
d) The will contains an attestation clause.
96. It is the omission in the testators will of one, some or all of the compulsory heirs in direct
line, whether living at the time of execution of the will or born after the death of the testator.
What principle is being referred to?
a) reserva troncal
b) preterition
c) fideicommissary
d) disposicion captatoria
97. Any disposition made upon the condition that the heir shall make some provision in his
will in favor of the testator or of any other person shall be void. Here, both the condition and
the disposition are void. What principle is being referred to?
a) reserva troncal
b) preterition
c) fideicommissary
d) disposicion captatoria
98. Which phrase most accurately completes the statement If at the time the contract of
sale is perfected, the thing which is the object of the contract has been entirely lost:
a) the buyer bears the risk of loss.
b) the contract shall be without any effect.

c) the seller bears the risk of loss.

d) the buyer may withdraw from the contract.
99. A contract granting a privilege to a person, for which he has paid a consideration, which
gives him the right to buy certain merchandise or specified property, from another person, at
anytime within the agreed period, at a fixed price. What contract is being referred to?
a) Option Contract
b) Contract to Sell
c) Contract of Sale
d) Lease
100. Which of the following contracts of sale is void?
a) Sale of EGMs car by KRP, EGMs agent, whose authority is not reduced into
writing.
b) Sale of EGMs piece of land by KRP, EGMs agent, whose authority is not reduced
into writing.
c) Sale of EGMs car by KRP, a person stranger to EGM, without EGMs consent or
authority.
d) Sale of EGMs piece of land by KRP, a person stranger to EGM, without EGMs
consent or authority.
- NOTHING FOLLOWS HAND IN YOUR ANSWER SHEET.
THERE IS NO NEED TO RETURN THIS QUESTIONNAIRE TO HEAD WATCHER.

2012 BAR EXAMINATIONS

CIVIL LAW
14 October 2012

10 A.M.-12 NN.
Set B
ESSAY TYPE QUESTIONS
INSTRUCTIONS

The following questionnaire consists of ten (10) questions (numbered I to X) contained in

FIVE (5) pages.
Begin your answer to each numbered question on a separate page; an answer to a subquestion/s under the same number may be written continuously on the same page and
succeeding pages until completed.
Answer the question directly and concisely. Do not repeat the question. Write legibly.
HAND IN YOUR NOTEBOOK. THERE IS NO NEED TO RETURN THIS QUESTIONNAIRE
TO THE HEAD WATCHER.

GOOD LUCK!!!
_____________________________________
MARTIN S. VILLARAMA, JR.
Chairperson
2012 Bar Examinations Committee
PLEASE CHECK THAT THIS SET CONTAINS SIX (6) PAGES (INCLUDING THIS PAGE).
WARNING: NOT FOR SALE OR UNAUTHORIZED USE
CIVIL LAW
I
a) Roberto was in Nikko Hotel when he bumped into a friend who was then on her way to a
wedding reception being held in said hotel. Roberto alleged that he was then invited by his
friend to join her at the wedding reception and carried the basket full of fruits which she was
bringing to the affair. At the reception, the wedding coordinator of the hotel noticed him and
asked him, allegedly in a loud voice, to leave as he was not in the guest list. He retorted that
he had been invited to the affair by his friend, who however denied doing so. Deeply
embarrassed by the incident, Roberto then sued the hotel for damages under Articles 19 and
21 of the Civil Code. Will Robertos action prosper? Explain. (5%)
b) Ricky donated P 1 Million to the unborn child of his pregnant girlfriend, which she
accepted. After six (6) months of pregnancy, the fetus was born and baptized as Angela.
However, Angela died 20 hours after birth. Ricky sought to recover the P 1 Million. Is Ricky
entitled to recover? Explain. (5%)
II
a) Liwayway Vinzons-Chato was then the Commissioner of Internal Revenue while Fortune
Tobacco Corporation is an entity engaged in the manufacture of different brands of
cigarettes, among which are "Champion," "Hope," and "More" cigarettes.
Fortune filed a complaint against Vinzons-Chato to recover damages for the alleged violation
of its constitutional rights arising from Vinzons-Chatos issuance of Revenue Memorandum
Circular No. 37-934 (which re-classified Fortune cigarettes as locally manufactured with
foreign brands and thereby imposed higher taxes), which the Supreme Court later declared
invalid.
Vinzons-Chato filed a Motion to Dismiss arguing that she cannot be held liable for damages
for acts she performed while in the discharge of her duties as BIR Commissioner. Is she
correct? Explain. (5%)
b) The petitioner filed a petition for declaration of nullity of marriage based allegedly on the
psychological incapacity of the respondent, but the psychologist was not able to personally
examine the respondent and the psychological report was based only on the narration of
petitioner. Should the annulment be granted? Explain. (5%)
III
a) Maria, wife of Pedro, withdrew P 5 Million from their conjugal funds. With this money, she
constructed a building on a lot which she inherited from her father. Is the building conjugal or
paraphernal? Reasons. (5%)
b) Cipriano and Lady Miros married each other. Lady Miros then left for the US and there,
she obtained American citizenship. Cipriano later learned all about this including the fact that
Lady Miros has divorced him in America and that she had remarried there. He then filed a
petition for authority to remarry, invoking Par. 2, Art. 26 of the Family Code. Is Cipriano

capacitated to re-marry by virtue of the divorce decree obtained by his Filipino spouse who
was later naturalized as an American citizen? Explain. (5%)
IV
a) After they got married, Nikki discovered that Christian was having an affair with another
woman. But Nikki decided to give it a try and lived with him for two (2) years. After two (2)
years, Nikki filed an action for legal separation on the ground of Christians sexual infidelity.
Will the action prosper? Explain. (5%)
b) Honorato filed a petition to adopt his minor illegitimate child Stephanie, alleging that
Stephanies mother is Gemma Astorga Garcia; that Stephanie has been using her mothers
middle name and surname; and that he is now a widower and qualified to be her adopting
parent. He prayed that Stephanies middle name be changed from "Astorga" to "Garcia,"
which is her mothers surname and that her surname "Garcia" be changed to "Catindig,"
which is his surname. This the trial court denied. Was the trial court correct in denying
Hororatos request for Stephanies use of her mothers surname as her middle name?
Explain. (5%)
V
a) Spouses Primo and Monina Lim, childless, were entrusted with the custody of two (2)
minor children, the parents of whom were unknown. Eager of having children of their own,
the spouses made it appear that they were the childrens parents by naming them Michelle P.
Lim and Michael Jude Lim. Subsequently, Monina married Angel Olario after Primos death.
She decided to adopt the children by availing the amnesty given under R.A. 8552 to those
individuals who simulated the birth of a child. She filed separate petitions for the adoption of
Michelle, then 25 years old and Michael, 18. Both Michelle and Michael gave consent to the
adoption.
The trial court dismissed the petition and ruled that Monina should have filed the petition
jointly with her new husband. Monina, in a Motion for Reconsideration argues that mere
consent of her husband would suffice and that joint adoption is not needed, for the adoptees
are already emancipated.
Is the trial court correct in dismissing the petitions for adoption? Explain. (5%)
b) Jambrich, an Austrian, fell in-love and lived together with Descallar and bought their
houses and lots at Agro-Macro Subdivision. In the Contracts to Sell, Jambrich and Descallar
were referred to as the buyers. When the Deed of Absolute Sale was presented for
registration before the Register of Deeds, it was refused because Jambrich was an alien and
could not acquire alienable lands of the public domain. After Jambrich and Descallar
separated, Jambrich purchased an engine and some accessories for his boat from
Borromeo. To pay for his debt, he sold his rights and interests in the Agro-Macro properties
to Borromeo.
Borromeo discovered that titles to the three (3) lots have been transfereed in the name of
Descallar. Who is the rightful owner of the properties? Explain. (5%)
VI
a) Siga-an granted a loan to Villanueva in the amount of P 540, 000.00. Such agreement
was not reduced to writing. Siga-an demanded interest which was paid by Villanueva in cash
and checks. The total amount Villanueva paid accumulated to P 1, 200, 000.00. Upon advice
of her lawyer, Villanueva demanded for the return of the excess amount of P 660, 000.00
which was ignored by Siga-an.
1) Is the payment of interest valid? Explain. (3%)
2) Is solution indebiti applicable? Explain. (2%)

b) Eulalia was engaged in the business of buying and selling large cattle. In order to secure
the financial capital, she advanced for her employees (biyaheros). She required them to
surrender TCT of their properties and to execute the corresponding Deeds of Sale in her
favor. Domeng Bandong was not required to post any security but when Eulalia discovered
that he incurred shortage in cattle procurement operation, he was required to execute a
Deed of Sale over a parcel of land in favor of Eulalia. She sold the property to her
grandneice Jocelyn who thereafter instituted an action for ejectment against the Spouses
Bandong.
To assert their right, Spouses Bandong filed an action for annulment of sale against Eulalia
and Jocelyn alleging that there was no sale intended but only equitable mortgage for the
purpose of securing the shortage incurred by Domeng in the amount of P 70, 000.00 while
employed as "biyahero" by Eulalia. Was the Deed of Sale between Domeng and Eulalia a
contract of sale or an equitable mortgage? Explain. (5%)
VII
a) Natividads holographic will, which had only one (1) substantial provision, as first written,
named Rosa as her sole heir. However, when Gregorio presented it for probate, it already
contained an alteration, naming Gregorio, instead of Rosa, as sole heir, but without
authentication by Natividads signature. Rosa opposes the probate alleging such lack of
proper authentication. She claims that the unaltered form of the will should be given effect.
Whose claim should be granted? Explain. (5%)
b) John Sagun and Maria Carla Camua, British citizens at birth, acquired Philippine
citizenship by naturalization after their marriage. During their marriage, the couple acquired
substantial landholdings in London and in Makati. Maria begot three (3) children, Jorge,
Luisito, and Joshur. In one of their trips to London, the couple executed a joint will appointing
each other as their heirs and providing that upon the death of the survivor between them, the
entire estate would go to Jorge and Luisito only but the two (2) could not dispose of nor
divide the London estate as long as they live. John and Maria died tragically in the London
subway terrorist attack in 2005. Jorge and Luisito filed a petition for probate of their parents
will before a Makati Regional Trial Court. Joshur vehemently objected because he was
preterited.
1) Should the will be admitted to probate? Explain. (2%)
2) Are the testamentary dispositions valid? Explain. (2%)
3) Is the testamentary prohibition against the division of the London estate valid?
Explain. (1%)
VIII
a) Ricky and Arlene are married. They begot Franco during their marriage. Franco had an
illicit relationship with Audrey and out of which, they begot Arnel. Frnaco predeceased Ricky,
Arlene and Arnel. Before Ricky died, he executed a will which when submitted to probate
was opposed by Arnel on the ground that he should be given the share of his father, Franco.
Is the opposition of Arnel correct? Why? (5%)
b) How can RJP distribute his estate by will, if his heirs are JCP, his wife; HBR and RVC, his
parents; and an illegitimate child, SGO?
IX
a) Does the right to request for the issuance of a writ of possession over a foreclosed real
property prescribe in five (5) years? (5%)
b) A petition for declaration of nullity of a void marriage can only be filed by either the
husband or the wife? Do you agree? Explain your answer. (5%)
X

a) A contract to sell is the same as a conditional contract of sale. Do you agree? Explain your
answer. (5%)
b) A partner cannot demand the return of his share (contribution) during the existence of a
partnership. Do you agree? Explain your answer. (5%)

Bar Examination Questionnaire for Civil Law

Set A
(1)When does a declaration of absence of a missing person take effect?
(A) Immediately from the issuance of the declaration of absence.
(B) 3 months after the publication of the declaration of absence.
(C) 6 months after the publication of the declaration of absence.
(D) 15 days from the issuance of the declaration of absence.
(2) The authority that school administrators exercise over school children under their
supervision, instruction, or custody is called
(A) legal parental authority.
(B) substitute parental authority.
(C) ordinary parental authority.
(D) special parental authority.
(3) Can future inheritance be the subject of a contract of sale?
(A) No, since it will put the predecessor at the risk of harm from a tempted buyer,
contrary to public policy.
(B) Yes, since the death of the decedent is certain to occur.
(C) No, since the seller owns no inheritance while his predecessor lives.
(D) Yes, but on the condition that the amount of the inheritance can only be
ascertained after the obligations of the estate have been paid.
(4) Upon the proposal of a third person, a new debtor substituted the original debtor without
the latters consent. The creditor accepted the substitution. Later, however, the new debtor
became insolvent and defaulted in his obligation. What is the effect of the new debtors
default upon the original debtor?
(A) The original debtor is freed of liability since novation took place and this relieved
him of his obligation.
(B) The original debtor shall pay or perform the obligation with recourse to the new
debtor.
(C) The original debtor remains liable since he gave no consent to the substitution.

(D) The original debtor shall pay or perform 50% of the obligation to avoid unjust
enrichment on his part.
(5) Lennie bought a business class ticket from Alta Airlines. As she checked in, the manager
downgraded her to economy on the ground that a Congressman had to be accommodated in
the business class. Lennie suffered the discomfort and embarrassment of the downgrade.
She sued the airlines for quasi-delict but Alta Airlines countered that, since her travel was
governed by a contract between them, no quasi-delict could arise. Is the airline correct?
(A) No, the breach of contract may in fact be tortious as when it is tainted as in this
case with arbitrariness, gross bad faith, and malice.
(B) No, denying Lennie the comfort and amenities of the business class as provided
in the ticket is a tortious act.
(C) Yes, since the facts show a breach of contract, not a quasi-delict.
(D) Yes, since quasi-delict presupposes the absence of a pre-existing contractual
relation between the parties.
(6) Which of the following is an indispensable requirement in an action for "quieting of title"
involving real property? The plaintiff must
(A) be in actual possession of the property.
(B) be the registered owner of the property.
(C) have legal or equitable title to the property.
(D) be the beneficial owner of the property.
(7) X and Y were to marry in 3 months. Meantime, to express his affection, X donated a
house and lot to Y, which donation X wrote in a letter to Y. Y wrote back, accepting the
donation and took possession of the property. Before the wedding, however, Y suddenly died
of heart attack. Can Ys heirs get the property?
(A) No, since the marriage did not take place.
(B) Yes, since all the requisites of a donation of an immovable are present.
(C) No, since the donation and its acceptance are not in a public instrument.
(D) Yes, since X freely donated the property to Y who became its owner.
(8) Rene and Lily got married after a brief courtship. After one month, Lily discovered that
while Rene presented himself as a macho man he was actually gay. He would not go to bed
with her. He kept obscene magazines of nude men and always sought the company of
handsome boys. What legal remedy does Lily have?
(A) She can file an action for annulment of marriage on ground of fraud.
(B) She can seek a declaration of nullity of the marriage based on Renes
psychological incapacity.
(C) She can go abroad and file for divorce in a country that can grant it.

(D) She has none since she had the opportunity to examine the goods and freely
entered into the marriage.
(9) Lucio executed a simple deed of donation of P50 million on time deposit with a bank in
favor of A, B, C, D, and E, without indicating the share of each donee. All the donees
accepted the donation in writing. A, one of the donees, died. Will B, C, D, and E get As share
in the money?
(A) Yes, accretion will automatically apply to the joint-donees in equal shares.
(B) Yes, since the donors intention is to give the whole of P50 million to the
jointdonees in equal shares.
(C) No, A"s share will revert to the donor because accretion applies only if the jointdonees are spouses.
(D) No, As share goes to his heirs since the donation did not provide for reversion to
donor.
(10) Raul, Ester, and Rufus inherited a 10-hectare land from their father. Before the land
could be partitioned, however, Raul sold his hereditary right to Raffy, a stranger to the family,
for P5 million. Do Ester and Rufus have a remedy for keeping the land within their family?
(A) Yes, they may be subrogated to Raffys right by reimbursing to him within the
required time what he paid Raul.
(B) Yes, they may be subrogated to Raffys right provided they buy him out before he
registers the sale.
(C) No, they can be subrogated to Raffys right only with his conformity.
(D) No, since there was no impediment to Raul selling his inheritance to a stranger.
(11) When one exercises a right recognized by law, knowing that he thereby causes an
injustice to another, the latter is entitled to recover damages. This is known as the principle of
(A) res ipsa loquitur.
(B) damnum absque injuria.
(C) vicarious liability.
(D) abuse of rights.
(12) Which of the following is NOT a basis for rendering a disinheritance defective or
imperfect?
(A) Its cause comes from the guilt of a spouse in a legal separation case, the
innocent-spouse having died.
(B) The truth of its cause is denied and not sufficiently proved by evidence.
(C) Its cause is not authorized by the law.
(D) Its cause is not specified.

(13) Manuel came to Manila and married Marianne. Unknown to Marianne, Manuel had been
previously convicted in Palawan of theft and served time for it. After Marianne learned of his
previous conviction, she stopped living with him. Can Marianne seek the annulment of the
marriage based on Manuels nondisclosure of his previous crime?
(A) No, since the assumption is that marriage forgives all past wrongs.
(B) Yes, since the non-disclosure of that crime is the equivalent of fraud, which is a
ground for annulment.
(C) No, in case of doubt, the law must be construed to preserve the institution of
marriage.
(D) No, since Manuel already served the penalty for his crime.
(14) Arthur and Helen, both Filipinos, got married and had 2 children. Arthur later worked in
Rome where he acquired Italian citizenship. He got a divorce from Helen in Rome but, on
returning to the Philippines, he realized his mistake, asked forgiveness of his wife, and
resumed living with her. They had 2 more children. What is the status of their 4 children?
(A) The children born before the divorce are legitimate but those born after it are not
since Arthur got the divorce when he had ceased to be a Filipino.
(B) The divorce rendered illegitimate the children born before it since the marriage
that begot them had been nullified.
(C) The children born before and after the divorce are all legitimate since Philippine
law does not recognize divorce.
(D) All the children are legitimate since they were born of the same father and
mother.
(15) Who can make a donation?
(A) All persons who can enter into contracts and dispose of their property.
(B) All persons who are of legal age and suffer from no civil interdiction.
(C) All persons who can make a last will and testament.
(D) All persons, whether natural or artificial, who own property.
(16) The liability of the partners, including industrial partners for partnership contracts
entered into in its name and for its account, when all partnership assets have been
exhausted is
(A) Pro-rata.
(B) Joint.
(C) Solidary.
(D) Voluntary.

(17) When can a missing person who left someone to administer his property be declared an
absentee by the court? When he has been missing for
(A) 2 years from the receipt of the last news about him.
(B) 7 years from the receipt of the last news about him.
(C) 10 years from the receipt of the last news about him.
(D) 5 years from the receipt of the last news about him.
(18) Which of the following claims against the debtor enjoys preference over the others with
respect to his specific immovable property and real rights?
(A) Unpaid price of real property sold, upon the immovable property.
(B) Mortgage credits recorded in the registry of property, upon the mortgaged real
estate.
(C) Taxes due, upon the land or building.
(D) Expenses for the preservation and improvement of property, when the law
authorizes reimbursement, upon the preserved or improved immovable.
(19) When bilateral contracts are vitiated with vices of consent, they are rendered
(A) rescissible.
(B) void.
(C) unenforceable.
(D) voidable.
(20) An agent, authorized by a special power of attorney to sell a land belonging to the
principal succeeded in selling the same to a buyer according to the instructions given the
agent. The agent executed the deed of absolute sale on behalf of his principal two days after
the principal died, an event that neither the agent nor the buyer knew at the time of the sale.
What is the standing of the sale?
(A) Voidable.
(B) Valid.
(C) Void.
(D) Unenforceable.
(21) Spouses A and B leased a piece of land belonging to B's parents for 25 years. The
spouses built their house on it worth P300,000.00. Subsequently, in a case that C filed
against A and B, the court found the latter liable to C for P200,000.00. When the sheriff was
attaching their house for the satisfaction of the judgment, A and B claimed that it was exempt
from execution, being a family home. Is this claim correct?

(A) Yes, because while Bs parents own the land, they agreed to have their daughter
build her family home on it.
(B) No, because there is no judicial declaration that it is a family home.
(C) No, since the land does not belong to A and B, it cannot qualify as a family home.
(D) Yes, because the A and Bs family actually lives in that house.
(22) Solomon sold his coconut plantation to Aragon, Inc. for P100 million, payable in
installments of P10 million per month with 6% interest per annum. Solomon married Lorna
after 5 months and they chose conjugal partnership of gains to govern their property
relations. When they married, Aragon had an unpaid balance of P50 million plus interest in
Solomons favor. To whom will Aragons monthly payments go after the marriage?
(A) The principal shall go to the conjugal partnership but the interests to Solomon.
(B) Both principal and interests shall go to Solomon since they are his exclusive
properties.
(C) Both principal and interests shall go to the conjugal partnership since these
become due after the marriage.
(D) The principal shall go to Solomon but the interests to the conjugal partnership.
(23) X and Y, although not suffering from any impediment, cohabited as husband and wife
without the benefit of marriage. Following the birth of their child, the couple got married. A
year after, however, the court annulled the marriage and issued a decree of annulment. What
is the present status of the child?
(A) Legitimated.
(B) Illegitimate.
(C) Natural child.
(D) Legitimate.
(24) When A and B married, they chose conjugal partnership of gains to govern their
property relations. After 3 years, B succeeded in getting her marriage to A annulled on
ground of the latters psychological incapacity. What liquidation procedure will they follow in
disposing of their assets?
(A) They will follow the rule governing the liquidation of a conjugal partnership of
gains where the party who acted in bad faith forfeits his share in the net profits.
(B) Since the marriage has been declared void, the rule for liquidation of absolute
community of property shall be followed.
(C) The liquidation of a co-ownership applies since the annulment brought their
property relation under the chapter on property regimes without marriage.
(D) The law on liquidation of partnerships applies.

(25) X and Y agreed verbally before their marriage (a) on the paternity of the illegitimate child
of Y and (b) on the economic regime that will govern X and Ys property relations. Is the
verbal agreement valid?
(A) No, because a marriage settlement to be valid should be in writing.
(B) Yes, since ante-nuptial agreements need not be in writing.
(C) No, because a marriage settlement cannot include an agreement on the paternity
of an illegitimate child.
(D) Yes, since even if it is not a valid marriage settlement, it is a valid verbal contract.
(26) Spouses X and Y have a minor daughter, Z, who needs support for her education. Both
X and Y, who are financially distressed, could not give the needed support to Z. As it
happens, Zs other relatives are financially capable of giving that support. From whom may Z
first rightfully demand support? From her
(A) grandfather.
(B) brother.
(C) uncle.
(D) first cousin.
(27) Fidel, a Filipino with fair complexion, married Gloria. Before the marriage, Gloria
confessed to Fidel that she was two-month pregnant with the child of a black African who
had left the country for good. When the child was born, Fidel could not accept it being too
black in complexion. What is the status of the child?
(A) Illegitimate, because Gloria confessed that the child is not Fidels.
(B) Illegitimate, because by the color of its skin, the child could not possibly be that of
Fidel.
(C) Legitimate, because the child was born within a valid marriage.
(D) Legitimate, because Fidel agreed to treat the child as his own after Gloria told
him who the father was.
(28) The husbands acts of forcibly ejecting his wife without just cause from the conjugal
dwelling and refusing to take her back constitutes
(A) desertion.
(B) recrimination.
(C) constructive abandonment.
(D) de facto separation.
(29) In his will, the testator designated X as a legatee to receive P2 million for the purpose of
buying an ambulance that the residents of his Barangay can use. What kind of institution is
this?

(A) a fideicomissary institution.

(B) a modal institution.
(C) a conditional institution.
(D) a collective institution.
(30) X insured himself for P5 million, designating Y, his wife, as his sole beneficiary. The
designation was irrevocable. A few years later, X had their marriage annulled in court on the
ground that Y had an existing prior marriage. X subsequently died, Is Y entitled to the
insurance benefits?
(A) Yes, since the insurance was not dependent on the marriage.
(B) Yes, since her designation as beneficiary was irrevocable.
(C) No, Xs designation of Y is revoked by operation of law upon the annulment of
their marriage based on Ys fault.
(D) Yes, since without judicial revocation, Xs designation of Y remains valid and
binding.
(31) May a spouse freely donate communal or conjugal property without the consent of the
other?
(A) Absolutely not, since the spouses co-own such property.
(B) Yes, for properties that the family may spare, regardless of value.
(C) Yes, provided the donation is moderate and intended for charity or family
rejoicing.
(D) Yes, in a donation mortis causa that the donor may still revoke in his lifetime.
(32) The decedent died intestate leaving an estate of P10 million. He left the following heirs:
a) Marlon, a legitimate child and b) Cecilia, the legal spouse. Divide the estate.
(A) Marlon gets 1/4 and Cecilia gets 3/4.
(B) Marlon gets 2/3 and Cecilia 1/3.
(C) Marlon gets 1/2 and Cecilia gets 1/2.
(D) Marlon gets 3/4 and Cecilia 1/4.
(33) Contracts take effect only between the parties or their assigns and heirs, except where
the rights and obligations arising from the contract are not transmissible by their nature, by
stipulation, or by provision of law. In the latter case, the assigns or the heirs are not bound by
the contracts. This is known as the principle of
(A) Relativity of contracts.
(B) Freedom to stipulate.

(C) Mutuality of contracts.

(D) Obligatory force of contracts.
(34) A buyer ordered 5,000 apples from the seller at P20 per apple. The seller delivered
6,000 apples. What are the rights and obligations of the buyer?
(A) He can accept all 6,000 apples and pay the seller at P20 per apple.
(B) He can accept all 6,000 apples and pay a lesser price for the 1,000 excess
apples.
(C) He can keep the 6,000 apples without paying for the 1,000 excess since the
seller delivered them anyway.
(D) He can cancel the whole transaction since the seller violated the terms of their
agreement.
(35) Lino entered into a contract to sell with Ramon, undertaking to convey to the latter one
of the five lots he owns, without specifying which lot it was, for the price of P1 million. Later,
the parties could not agree which of five lots he owned Lino undertook to sell to Ramon.
What is the standing of the contract?
(A) Unenforceable.
(B) Voidable.
(C) Rescissible.
(D) Void.
(36) Knowing that the car had a hidden crack in the engine, X sold it to Y without informing
the latter about it. In any event, the deed of sale expressly stipulated that X was not liable for
hidden defects. Does Y have the right to demand from X a reimbursement of what he spent
to repair the engine plus damages?
(A) Yes. X is liable whether or not he was aware of the hidden defect.
(B) Yes, since the defect was not hidden; X knew of it but he acted in bad faith in not
disclosing the fact to Y.
(C) No, because Y is in estoppel, having changed engine without prior demand.
(D) No, because Y waived the warranty against hidden defects.
(37) Acme Cannery produced sardines in cans known as "Sards." Mylene bought a can of
Sards from a store, ate it, and suffered from poisoning caused by a noxious substance found
in the sardines. Mylene filed a case for damages against Acme. Which of the following
defenses will hold?
(A) The expiry date of the "Sards" was clearly printed on its can, still the store sold
and Mylene bought it.
(B) Mylene must have detected the noxious substance in the sardines by smell, yet
she still ate it.

(C) Acme had no transaction with Mylene; she bought the "Sards" from a store, not
directly from Acme.
(D) Acme enjoys the presumption of safeness of its canning procedure and Mylene
has not overcome such presumption.
(38) Fernando executed a will, prohibiting his wife Marina from remarrying after his death, at
the pain of the legacy of P100 Million in her favor becoming a nullity. But a year after
Fernandos death, Marina was so overwhelmed with love that she married another man. Is
she entitled to the legacy, the amount of which is well within the capacity of the disposable
free portion of Fernandos estate?
(A) Yes, since the prohibition against remarrying is absolute, it is deemed not written.
(B) Yes, because the prohibition is inhuman and oppressive and violates Marinas
rights as a free woman.
(C) No, because the nullity of the prohibition also nullifies the legacy.
(D) No, since such prohibition is authorized by law and is not repressive; she could
remarry but must give up the money.
(39) X, the owner, constituted a 10-year usufruct on his land as well as on the building
standing on it in Ys favor. After flood totally destroyed the building 5 years later, X told Y that
an act of God terminated the usufruct and that he should vacate the land. Is X, the owner of
the land, correct?
(A) No, since the building was destroyed through no fault of Y.
(B) No, since Y still has the right to use the land and the materials left on it.
(C) Yes, since Y cannot use the land without the building.
(D) Yes, since the destruction of the building without the Xs fault terminated the
usufruct.
(40) In gratitude, the grooms parents made a donation of a property in writing to the brides
parents shortly before their childrens wedding. The donation was accepted. What is the
nature of the donation?
(A) It is an ordinary donation since it was not given to the bride or groom.
(B) It is donation propter nuptias since it was given with the marriage in mind.
(C) It is an indirect donation propter nuptias since the bride would eventually inherit
the property from her parents.
(D) It is a remunatory donation.
(41) X and Y, both Filipinos, were married and resided in Spain although they intend to return
to the Philippines at some future time. They have not executed any marriage settlements.
What law governs their property relations?
(A) They may choose between Spanish law and Philippine law.

(B) Philippine law since they are both Filipinos.

(C) No regime of property relations will apply to them.
(D) Spanish law since they live in Spain.
(42) Birth determines personality. Death extinguishes it. Under what circumstances may the
personality of a deceased person continue to exist?
(A) In case of re-appearance of a missing person presumed dead.
(B) In protecting the works of a deceased under intellectual property laws.
(C) In case of declaration of presumptive death of a missing spouse.
(D) In the settlement of the estate of a deceased person.
(43) Six tenants sued X, the landowner, for willfully denying them water for their farms, which
water happened to flow from land under Xs control, his intention being to force them to leave
his properties. Is X liable for his act and why?
(A) No, because the tenants must be content with waiting for rainfall for their farms.
(B) No, since X owns both the land and the water.
(C) Yes, because the tenants farms have the natural right of access to water
wherever it is located.
(D) Yes, since X willfully caused injury to his tenants contrary to morals, good
customs or public policy.
(44) Illegitimate brothers and sisters, whether of full or half-blood, are bound to support each
other, EXCEPT when
(A) the brother or sister who needs support lives in another place.
(B) such brothers and sisters are not recognized by their father.
(C) the brother or sister in need stops schooling without valid reason.
(D) the need for support of a brother or sister, already of age, is due to the latter's
fault.
(45) Virgilio owned a bare and simple swimming pool in his garden. MB, a 7-year old child,
surreptitiously entered the garden and merrily romped around the ledges of the pool. He
accidentally tripped, fell into the pool, and drowned. MBs parents sued Virgilio for damages
arising from their childs death, premised on the principle of "attractive nuisance". Is Virgilio
liable for the death of MB?
(A) No, the child was 7 years old and knew the dangers that the pool offered.
(B) Yes, being an attractive nuisance, Virgilio had the duty to prevent children from
coming near it.

(C) No, since the pool was bare and had no enticing or alluring gadgets, floats, or
devices in it that would attract a 7-year old child.
(D) Yes, since Virgilio did not cover the swimming pool while not in use to prevent
children from falling into it.
(46) The term of a 5-year lease contract between X the lessor and Y the lessee, where rents
were paid from month to month, came to an end. Still, Y continued using the property with
Xs consent. In such a case, it is understood that they impliedly renewed the lease
(A) from month to month under the same conditions as to the rest.
(B) under the same terms and conditions as before.
(C) under the same terms except the rent which they or the court must fix.
(D) for only a year, with the rent raised by 10% pursuant to the rental control law.
(47) Rex, a philanthropist, donated a valuable lot to the municipality on the condition that it
will build a public school on such lot within 2 years from its acceptance of the donation. The
municipality properly accepted the donation but did not yet build the public school after 2
years. Can Rex revoke the donation?
(A) Yes, since the donation is subject to a resolutory condition which was not fulfilled.
(B) No, but Rex is entitled to recover the value of the land from the municipality.
(C) No, the transfer of ownership has been completed.
(D) Yes, the donation is not deemed made until the suspensive condition has been
fulfilled.
(48) Illegitimate children, those not recognized by their biological fathers, shall use the
surname of their
(A) biological father subject to no condition.
(B) mother or biological father, at the mothers discretion.
(C) mother.
(D) biological father unless he judicially opposes it.
(49) Asiong borrowed P1 million from a bank, secured by a mortgage on his land. Without his
consent, his friend Boyong paid the whole loan. Since Asiong benefited from the payment,
can Boyong compel the bank to subrogate him in its right as mortgagee of Asiong's land?
(A) No, but the bank can foreclose and pay Boyong back.
(B) No, since Boyong paid for Asiongs loan without his approval.
(C) Yes, since a change of creditor took place by novation with the banks consent.
(D) Yes, since it is but right that Boyong be able to get back his money and, if not, to
foreclose the mortgage in the manner of the bank.

(50) Congress passed a law imposing taxes on income earned out of a particular activity that
was not previously taxed. The law, however, taxed incomes already earned within the fiscal
year when the law took effect. Is the law valid?
(A) No, because laws are intended to be prospective, not retroactive.
(B) No, the law is arbitrary in that it taxes income that has already been spent.
(C) Yes, since tax laws are the lifeblood of the nation.
(D) Yes, tax laws are an exception; they can be given retroactive effect.
(51) Rudolf borrowed P1 million from Rodrigo and Fernando who acted as solidary creditors.
When the loan matured, Rodrigo wrote a letter to Rudolf, demanding payment of the loan
directly to him. Before Rudolf could comply, Fernando went to see him personally to collect
and he paid him. Did Rudolf make a valid payment?
(A) No, since Rudolf should have split the payment between Rodrigo and Fernando.
(B) No, since Rodrigo, the other solidary creditor, already made a prior demand for
payment from Rudolf.
(C) Yes, since the payment covers the whole obligation.
(D) Yes, since Fernando was a solidary creditor, payment to him extinguished the
obligation.
(52) What happens to the property regimes that were subsisting under the New Civil Code
when the Family Code took effect?
(A) The original property regimes are immutable and remain effective.
(B) Those enjoying specific regimes under the New Civil Code may adopt the regime
of absolute community of property under the Family Code.
(C) Those that married under the New Civil Code but did not choose any of its
regimes shall now be governed by the regime of absolute community of property.
(D) They are superseded by the Family Code which has retroactive effect.
(53) The testator executed a will following the formalities required by the law on succession
without designating any heir. The only testamentary disposition in the will is the recognition of
the testator's illegitimate child with a popular actress. Is the will valid?
(A) Yes, since in recognizing his illegitimate child, the testator has made him his heir.
(B) No, because the non-designation of heirs defeats the purpose of a will.
(C) No, the will comes to life only when the proper heirs are instituted.
(D) Yes, the recognition of an illegitimate heir is an ample reason for a will.
(54) A left B, his wife, in the Philippines to work in Egypt but died in that country after a years
continuous stay. Two months after As death, B gave birth to a child, claiming it is As child.
Who can assail the legitimacy of the child?

(A) As other heirs apart from B.

(B) The State which has interest in the welfare of overseas contract workers.
(C) Any one who is outraged by Bs claim.
(D) No one since A died.
(55) QR and TS who had a marriage license requested a newly appointed Judge in Manila to
marry them on the beach of Boracay. Since the Judge maintained Boracay as his residence,
he agreed. The sponsors were all public officials. What is the status of the marriage.
(A) Valid, since the improper venue is merely an irregularity; all the elements of a
valid marriage are present.
(B) Void, because the couple did not get local permit for a beach wedding.
(C) Voidable, because the Judge acted beyond his territorial jurisdiction and is
administratively liable for the same.
(D) Void, because the Judge did not solemnize the marriage within the premises of
his court.
(56) X and Y, Filipinos, got married in Los Angeles, USA, using a marriage license issued by
the Philippine consul in Los Angeles, acting as Civil Registrar. X and Y did not know that they
were first cousins because their mothers, who were sisters, were separated when they were
quite young. Since X did not want to continue with the relation when he heard of it, he left Y,
came to the Philippines and married Z. Can X be held liable for bigamy?
(A) No since Xs marriage to Y is void ab initio or did not exist.
(B) No since X acted in good faith, conscious that public policy did not approve of
marriage between first cousins.
(C) Yes since he married Z without first securing a judicial declaration of nullity of his
marriage to Y.
(D) Yes since his first marriage to Y in Los Angeles is valid.
(57) Allan bought Billys property through Carlos, an agent empowered with a special power
of attorney (SPA) to sell the same. When Allan was ready to pay as scheduled, Billy called,
directing Allan to pay directly to him. On learning of this, Carlos, Billy's agent, told Allan to
pay through him as his SPA provided and to protect his commission. Faced with two
claimants, Allan consigned the payment in court. Billy protested, contending that the
consignation is ineffective since no tender of payment was made to him. Is he correct?
(A) No, since consignation without tender of payment is allowed in the face of the
conflicting claims on the plaintiff.
(B) Yes, as owner of the property sold, Billy can demand payment directly to himself.
(C) Yes, since Allan made no announcement of the tender.
(D) Yes, a tender of payment is required for a valid consignation.

(58) X sold Y 100 sacks of rice that Y was to pick up from Xs rice mill on a particular date. Y
did not, however, appear on the agreed date to take delivery of the rice. After one week, X
automatically rescinded the sale without notarial notice to Y. Is the rescission valid?
(A) Yes, automatic rescission is allowed since, having the character of movables and
consumables, rice can easily deteriorate.
(B) No, the buyer is entitled to a customary 30-day extension of his obligation to take
delivery of the goods.
(C) No, since there was no express agreement regarding automatic rescission.
(D) No, the seller should first determine that Y was not justified in failing to appear.
(59) The wife filed a case of legal separation against her husband on the ground of sexual
infidelity without previously exerting earnest efforts to come to a compromise with him. The
judge dismissed the case for having been filed without complying with a condition precedent.
Is the dismissal proper?
(A) No, efforts at a compromise will only deepen the wifes anguish.
(B) No, since legal separation like validity of marriage is not subject to compromise
agreement for purposes of filing.
(C) Yes, to avoid a family feud that is hurtful to everyone.
(D) Yes, since the dispute could have been settled with the parties agreeing to legal
separation.
(60) An Australian living in the Philippines acquired shares of stock worth P10 million in food
manufacturing companies. He died in Manila, leaving a legal wife and a child in Australia and
a live-in partner with whom he had two children in Manila. He also left a will, done according
to Philippine laws, leaving all his properties to his live-in partner and their children. What law
will govern the validity of the disposition in the will?
(A) Australia law since his legal wife and legitimate child are Australians and
domiciled in Australia.
(B) Australian law since the intrinsic validity of the provisions of a will is governed by
the decedents national law.
(C) Philippine law since the decedent died in Manila and he executed his will
according to such law.
(D) Philippine law since the decedents properties are in the Philippines.
(61) X bought a land from Y, paying him cash. Since they were friends, they did not execute
any document of sale. After 7 years, the heirs of X asked Y to execute a deed of absolute
sale to formalize the verbal sale to their father. Unwilling to do so, Xs heirs filed an action for
specific performance against Y. Will their action prosper?
(A) No, after more than 6 years, the action to enforce the verbal agreement has
already elapsed.
(B) No, since the sale cannot under the Statute of Frauds be enforced.

(C) Yes, since X bought the land and paid Y for it.
(D) Yes, after full payment, the action became imprescriptible.
(62) A court declared Ricardo, an old bachelor, an absentee and appointed Cicero
administrator of his property. After a year, it was discovered that Ricardo had died abroad.
What is the effect of the fact of his death on the administration of his property?
(A) With Ricardo no longer an absentee but a deceased person, Cicero will cease to
be administrator of his properties.
(B) The administration shall be given by the court having jurisdiction over the
intestate proceedings to a new administrator whom it will appoint.
(C) Cicero automatically becomes administrator of Ricardos estate until judicially
relieved.
(D) Ciceros alienations of Ricardo's property will be set aside.
(63) Baldo, a rejected suitor, intimidated Judy into marrying him. While she wanted to
question the validity of their marriage two years after the intimidation ceased, Judy decided
in the meantime to freely cohabit with Baldo. After more than 5 years following their wedding,
Judy wants to file a case for annulment of marriage against Baldo on ground of lack of
consent. Will her action prosper?
(A) Yes, the action for annulment is imprescriptible.
(B) No, since the marriage was merely voidable and Judy ratified it by freely
cohabiting with Baldo after the force and intimidation had ceased .
(C) No, since the action prescribed 5 years from the date of the celebration of the
marriage.
(D) Yes, because the marriage was celebrated without Judy's consent freely given.
(64) Is the wife who leaves her husband without just cause entitled to support?
(A) No, because the wife must always be submissive and respectful to the husband.
(B) Yes. The marriage not having been dissolved, the husband continues to have an
obligation to support his wife.
(C) No, because in leaving the conjugal home without just cause, she forfeits her
right to support.
(D) Yes, since the right to receive support is not subject to any condition.
(65) In the order of intestate succession where the decedent is legitimate, who is the last
intestate heirs or heir who will inherit if all heirs in the higher level are disqualified or unable
to inherit?
(A) Nephews and nieces.
(B) Brothers and sisters.

(C) State.
(D) Other collateral relatives up to the 5th degree of consanguinity.
(66) Roy and Carlos both undertook a contract to deliver to Sam in Manila a boat docked in
Subic. Before they could deliver it, however, the boat sank in a storm. The contract provides
that fortuitous event shall not exempt Roy and Carlos from their obligation. Owing to the loss
of the motor boat, such obligation is deemed converted into one of indemnity for damages. Is
the liability of Roy and Carlos joint or solidary?
(A) Neither solidary nor joint since they cannot waive the defense of fortuitous event
to which they are entitled.
(B) Solidary or joint upon the discretion of Sam.
(C) Solidary since Roy and Carlos failed to perform their obligation to deliver the
motor boat.
(D) Joint since the conversion of their liability to one of indemnity for damages made
it joint.
(67) Joanne married James, a person with no known relatives. Through James' hard work,
he and his wife Joane prospered. When James died, his estate alone amounted to P100
million. If, in his will, James designates Joanne as his only heir, what will be the free portion
of his estate.
(A) Joanne gets all; estate has no free portion left.
(B) Joanne gets 1/2; the other half is free portion.
(C) Joanne gets 1/3; the remaining 2/3 is free portion.
(D) Joanne gets 1/4; the remaining 3/4 is free portion.
(68) A warranty inherent in a contract of sale, whether or not mentioned in it, is known as the
(A) warranty on quality.
(B) warranty against hidden defects.
(C) warranty against eviction.
(D) warranty in merchantability.
(69) The doctrine of stare decisis prescribes adherence to precedents in order to promote
the stability of the law. But the doctrine can be abandoned
(A) When adherence to it would result in the Governments loss of its case.
(B) When the application of the doctrine would cause great prejudice to a foreign
national.
(C) When necessary to promote the passage of a new law.
(D) When the precedent has ceased to be beneficial and useful.

(70) Ric and Josie, Filipinos, have been sweethearts for 5 years. While working in a
European country where the execution of joint wills are allowed, the two of them executed a
joint holographic will where they named each other as sole heir of the other in case either of
them dies. Unfortunately, Ric died a year later. Can Josie have the joint will successfully
probated in the Philippines?
(A) Yes, in the highest interest of comity of nations and to honor the wishes of the
deceased.
(B) No, since Philippine law prohibits the execution of joint wills and such law is
binding on Ric and Josie even abroad.
(C) Yes, since they executed their joint will out of mutual love and care, values that
the generally accepted principles of international law accepts.
(D) Yes, since it is valid in the country where it was executed, applying the principle
of "lex loci celebrationis."
(71) ML inherited from his father P5 million in legitime but he waived it in a public instrument
in favor of his sister QY who accepted the waiver in writing. But as it happened, ML borrowed
P6 million from PF before the waiver. PF objected to the waiver and filed an action for its
rescission on the ground that he had the right to MLs P5 million legitime as partial settlement
of what ML owed him since ML has proved to be insolvent. Does PF, as creditor, have the
right to rescind the waiver?
(A) No, because the waiver in favor of his sister QY amounts to a donation and she
already accepted it.
(B) Yes, because the waiver is prejudicial to the interest of a third person whose
interest is recognized by law.
(C) No, PF must wait for ML to become solvent and, thereafter, sue him for the
unpaid loan.
(D) Yes, because a legitime cannot be waived in favor of a specific heir; it must be
divided among all the other heirs.
(72) While engaged to be married, Arnold and Josephine agreed in a public instrument to
adopt out the economic regime of absolute community of property. Arnold acknowledged in
the same instrument that Josephines daughter Mary, is his illegitimate child. But Josephine
died before the marriage could take place. Does the marriage settlement have any
significance?
(A) None, since the instrument containing the marriage settlement is essentially void
for containing an unrelated matter.
(B) Yes, insofar as Arnold acknowledged Mary as his illegitimate child.
(C) None, since the marriage did not take place.
(D) Yes, if they acquired properties while living together as husband and wife.
(73) Joseph, a 17-year old Filipino, married Jenny, a 21-year old American in Illinois, USA,
where the marriage was valid. Their parents gave full consent to the marriage of their
children. After three years, Joseph filed a petition in the USA to promptly divorce Jenny and

this was granted. When Joseph turned 25 years, he returned to the Philippines and married
Leonora. What is the status of this second marriage?
(A) Void, because he did not cause the judicial issuance of declaration of the nullity
of his first marriage to Jenny before marrying Leonora.
(B) Valid, because Joseph's marriage to Jenny is void, he being only 17 years of age
when he married her.
(C) Valid, because his marriage to Leonora has all the elements of a valid marriage.
(D) Void, because Joseph is still considered married to Jenny since the Philippines
does not recognize divorce.
(74) T died intestate, leaving an estate of P9,000,000. He left as heirs three legitimate
children, namely, A, B, and C. A has two children, D and E. Before he died, A irrevocably
repudiated his inheritance from T in a public instrument filed with the court. How much, if any,
will D and E, as As children, get from Ts estate?
(A) Each of D and E will get P1,500,000 by right of representation since their father
repudiated his inheritance.
(B) Each of D and E will get P2,225,000 because they will inherit from the estate
equally with B and C.
(C) D and E will get none because of the repudiation; "B" and "C" will get As share
by right of accretion.
(D) Each of D and E will get P2,000,000 because the law gives them some
advantage due to the demise of "A".
(75) No decree of legal separation can be issued
(A) unless the childrens welfare is attended to first.
(B) without prior efforts at reconciliation shown to be futile.
(C) unless the court first directs mediation of the parties.
(D) without prior investigation conducted by a public prosecutor.
(76) X, who was abroad, phoned his brother, Y, authorizing him to sell Xs parcel of land in
Pasay. X sent the title to Y by courier service. Acting for his brother, Y executed a notarized
deed of absolute sale of the land to Z after receiving payment. What is the status of the sale?
(A) Valid, since a notarized deed of absolute sale covered the transaction and full
payment was made.
(B) Void, since X should have authorized agent Y in writing to sell the land.
(C) Valid, since Y was truly his brother Xs agent and entrusted with the title needed
to effect the sale.
(D) Valid, since the buyer could file an action to compel X to execute a deed of sale.

(77) In a true pacto de retro sale, the title and ownership of the property sold are immediately
vested in the vendee a retro subject only to the resolutory condition of repurchase by the
vendor a retro within the stipulated period. This is known as
(A) equitable mortgage.
(B) conventional redemption.
(C) legal redemption.
(D) equity of redemption.
(78) A natural obligation under the New Civil Code of the Philippines is one which
(A) the obligor has a moral obligation to do, otherwise entitling the obligee to
damages.
(B) refers to an obligation in writing to do or not to do.
(C) the obligee may enforce through the court if violated by the obligor.
(D) cannot be judicially enforced but authorizes the obligee to retain the obligors
payment or performance.
(79) The husband assumed sole administration of the familys mango plantation since his
wife worked abroad. Subsequently, without his wifes knowledge, the husband entered into
an antichretic transaction with a company, giving it possession and management of the
plantation with power to harvest and sell the fruits and to apply the proceeds to the payment
of a loan he got. What is the standing of the contract?
(A) It is void in the absence of the wifes consent.
(B) It is void absent an authorization from the court.
(C) The transaction is void and can neither be ratified by the wife nor authorized by
the court.
(D) It is considered a continuing offer by the parties, perfected only upon the wifes
acceptance or the courts authorization.
(80) When the donor gives donations without reserving sufficient funds for his support or for
the support of his dependents, his donations are
(A) Rescissible, since it results in economic lesion of more than 25% of the value of
his properties.
(B) Voidable, since his consent to the donation is vitiated by mindless kindness.
(C) Void, since it amounts to wanton expenditure beyond his means.
(D) Reducible to the extent that the donations impaired the support due to himself
and his dependents.
(81) Anne owed Bessy P1 million due on October 1, 2011 but failed to pay her on due date.
Bessy sent a demand letter to Anne giving her 5 days from receipt within which to pay. Two

days after receipt of the letter, Anne personally offered to pay Bessy in manager's check but
the latter refused to accept the same. The 5 days lapsed. May Annes obligation be
considered extinguished?
(A) Yes, since Bessys refusal of the managers check, which is presumed funded,
amounts to a satisfaction of the obligation.
(B) No, since tender of payment even in cash, if refused, will not discharge the
obligation without proper consignation in court.
(C) Yes, since Anne tendered payment of the full amount due.
(D) No, since a managers check is not considered legal tender in the Philippines.
(82) The residents of a subdivision have been using an open strip of land as passage to the
highway for over 30 years. The owner of that land decided, however, to close it in
preparation for building his house on it. The residents protested, claiming that they became
owners of the land through acquisitive prescription, having been in possession of the same
in the concept of owners, publicly, peacefully, and continuously for more than 30 years. Is
this claim correct?
(A) No, the residents have not been in continuous possession of the land since they
merely passed through it in going to the highway.
(B) No, the owner did not abandon his right to the property; he merely tolerated his
neighbors use of it for passage.
(C) Yes, residents of the subdivision have become owners by acquisitive prescription.
(D) Yes, community ownership by prescription prevails over private claims.
(83) The owner of a thing cannot use it in a way that will injure the right of a third person.
Thus, every building or land is subject to the easement which prohibits its proprietor or
possessor from committing nuisance like noise, jarring, offensive odor, and smoke. This
principle is known as
(A) Jus vindicandi.
(B) Sic utere tuo ut alienum non laedas.
(C) Jus dispondendi.
(D) Jus abutendi.
(84) Janice and Jennifer are sisters. Janice sued Jennifer and Laura, Jennifers business
partner for recovery of property with damages. The complaint did not allege that Janice
exerted earnest efforts to come to a compromise with the defendants and that such efforts
failed. The judge dismissed the complaint outright for failure to comply with a condition
precedent. Is the dismissal in order?
(A) No, since Laura is a stranger to the sisters, Janice has no moral obligation to
settle with her.
(B) Yes, since court should promote amicable settlement among relatives.

(C) Yes, since members of the same family, as parties to the suit, are required to
exert earnest efforts to settle their disputes before coming to court.
(D) No, the family council, which would ordinarily mediate the dispute, has been
eliminated under the Family Code.
(85) X borrowed money from a bank, secured by a mortgage on the land of Y, his close
friend. When the loan matured, Y offered to pay the bank but it refused since Y was not the
borrower. Is the banks action correct?
(A) Yes, since X, the true borrower, did not give his consent to Ys offer to pay.
(B) No, since anybody can discharge Xs obligation to his benefit.
(C) No, since Y, the owner of the collateral, has an interest in the payment of the
obligation.
(D) Yes, since it was X who has an obligation to the bank.
(86) The right of a mortgagor in a judicial foreclosure to redeem the mortgaged property after
his default in the performance of the conditions of the mortgage but before the sale of the
mortgaged property or confirmation of the sale by the court, is known as
(A) accion publiciana.
(B) equity of redemption.
(C) pacto de retro.
(D) right of redemption.
(87) When does the regime of conjugal partnership of gains begin to exist?
(A) At the moment the parties take and declare each other as husband and wife
before officiating officer.
(B) At the time the spouses acquire properties through joint efforts.
(C) On the date the future spouses executed their marriage settlements because this
is the starting point of their marital relationship.
(D) On the date agreed upon by the future spouses in their marriage settlements
since their agreement is the law between them.
(88) Josie, 18, married Dante, 25, without her parents knowledge and consent, and lived
with him. After a year, Josie returned to her parents home, complained of the unbearable
battering she was getting from Dante, and expressed a desire to have her marriage with him
annulled. Who may bring the action?
(A) Dante.
(B) Her parents.
(C) Josie herself.

(D) The State.

(89) X, a married man, cohabited with Y, an unmarried woman. Their relation bore them BB,
a baby boy. Subsequently, after X became a widower, he married Y. Was BB legitimated by
that marriage?
(A) Yes, since his parents are now lawfully married.
(B) Yes, since he is an innocent party and the marriage rectified the wrong done him.
(C) No, since once illegitimate, a child shall always remain illegitimate.
(D) No, since his parents were not qualified to marry each other when he was
conceived.
(90) The presence of a vice of consent vitiates the consent of a party in a contract and this
renders the contract
(A) Rescissible.
(B) Unenforceable.
(C) Voidable.
(D) Void.
(91) Can common-law spouses donate properties of substantial value to one another?
(A) No, they are only allowed to give moderate gifts to each other during family
rejoicing.
(B) No, they cannot give anything of value to each other to prevent placing their
legitimate relatives at a disadvantage.
(C) Yes, unlike the case of legally married spouses, such donations are not
prohibited.
(D) Yes, as long as they leave sufficient property for themselves and for their
dependents.
(92) X owed Y P1.5 million. In his will, X gave Y legacy of P1 million but the will provided that
this legacy is to be set off against the P1.5 million X owed Y. After the set off, X still owed Y
P500,000. Can Y still collect this amount?
(A) Yes, because the designation of Y as legatee created a new and separate
juridical relationship between them, that of testator-legatee.
(B) It depends upon the discretion of the probate court if a claim is filed in the testate
proceedings.
(C) No, because the intention of the testator in giving the legacy is to abrogate his
entire obligation to Y.
(D) No, because X had no instruction in his will to deliver more than the legacy of P1
million to Y.

(93) Josie owned a lot worth P5 million prior to her marriage to Rey. Subsequently, their
conjugal partnership spent P3 million for the construction of a house on the lot. The
construction resulted in an increase in the value of the house and lot to P9 million. Who
owns the house and the lot?
(A) Josie and the conjugal partnership of gains will own both on a 50-50 basis.
(B) Josie will own both since the value of the house and the increase in the
propertys value is less than her lots value; but she is to reimburse conjugal
partnership expenses.
(C) Josie still owns the lot, it being her exclusive property, but the house belongs to
the conjugal partnership.
(D) The house and lot shall both belong to the conjugal partnership, with Josie
entitled to reimbursement for the value of the lot.
(94) An action for reconveyance of a registered piece of land may be brought against the
owner appearing on the title based on a claim that the latter merely holds such title in trust
for the plaintiff. The action prescribes, however, within 10 years from the registration of the
deed or the date of the issuance of the certificate of title of the property as long as the trust
had not been repudiated. What is the exception to this 10-year prescriptive period?
(A) When the plaintiff had no notice of the deed or the issuance of the certificate of
title.
(B) When the title holder concealed the matter from the plaintiff.
(C) When fortuitous circumstances prevented the plaintiff from filing the case sooner.
(D) When the plaintiff is in possession of the property.
(95) Conrad and Linda, both 20 years old, applied for a marriage license, making it appear
that they were over 25. They married without their parents knowledge before an
unsuspecting judge. After the couple has been in cohabitation for 6 years, Lindas parents
filed an action to annul the marriage on ground of lack of parental consent. Will the case
prosper?
(A) No, since only the couple can question the validity of their marriage after they
became 21 of age; their cohabitation also convalidated the marriage.
(B) No, since Lindas parents made no allegations that earnest efforts have been
made to come to a compromise with Conrad and Linda and which efforts failed.
(C) Yes, since the marriage is voidable, the couple being below 21 years of age when
they married.
(D) Yes, since Lindas parents never gave their consent to the marriage.
(96) Pepito executed a will that he and 3 attesting witnesses signed following the formalities
of law, except that the Notary Public failed to come. Two days later, the Notary Public
notarized the will in his law office where all signatories to the will acknowledged that the
testator signed the will in the presence of the witnesses and that the latter themselves signed
the will in the presence of the testator and of one another. Was the will validly notarized?

(A) No, since it was not notarized on the occasion when the signatories affixed their
signatures on the will.
(B) Yes, since the Notary Public has to be present only when the signatories
acknowledged the acts required of them in relation to the will.
(C) Yes, but the defect in the mere notarization of the will is not fatal to its execution.
(D) No, since the notary public did not require the signatories to sign their respective
attestations again.
(97) Venecio and Ester lived as common-law spouses since both have been married to other
persons from whom they had been separated in fact for several years. Hardworking and
bright, each earned incomes from their respective professions and enterprises. What is the
nature of their incomes?
(A) Conjugal since they earned the same while living as husband and wife.
(B) Separate since their property relations with their legal spouses are still subsisting.
(C) Co-ownership since they agreed to work for their mutual benefit.
(D) Communal since they earned the same as common-law spouses.
(98) What is the prescriptive period for filing an action for revocation of a donation based on
acts of ingratitude of the donee?
(A) 5 years from the perfection of the donation.
(B) 1 year from the perfection of the donation.
(C) 4 years from the perfection of the donation.
(D) Such action does not prescribe.
(99) Before Karen married Karl, she inherited P5 million from her deceased mother which
amount she brought into the marriage. She later used part of the money to buy a new
Mercedes Benz in her name, which Karen and her husband used as a family car. Is the car a
conjugal or Karens exclusive property?
(A) It is conjugal property since the spouses use it as a family car.
(B) It is Karens exclusive property since it is in her name.
(C) It is conjugal property having been bought during the marriage.
(D) It is Karens exclusive property since she bought it with her own money.
(100) Because of Xs gross negligence, Y suffered injuries that resulted in the abortion of the
foetus she carried. Y sued X for, among other damages, P1 million for the death of a family
member. Is Y entitled to indemnity for the death of the foetus she carried?
(A) Yes, since the foetus is already regarded as a child from conception, though
unborn.

(B) No, since Xs would not have known that the accident would result in Ys abortion.
(C) No, since birth determines personality, the accident did not result in the death of
a person.
(D) Yes, since the mother believed in her heart that she lost a child.
BAR EXAMINATION 2010
CIVIL LAW
12 September 2010

8 A.M. 12 NN.
INSTRUCTIONS

There is only one Examiner in Civil Law. Hence, the following questionnaire consists of
only ONE PART with sixteen (16) questions (numbered I to XVI), contained in eleven (11)
pages.
Begin your answer to each numbered question on a separate page; an answer to a subquestion/s under the same number may be written continuously on the same page and
succeeding pages until completed.
Answer the questions directly and concisely. Do not repeat the question. Write legibly.
HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE
GOOD LUCK!!!
_____________________________________
CONCHITA CARPIO MORALES
CHAIRPERSON
2010 BAR EXAMINATIONS COMMITTEE

PLEASE CHECK THAT THIS SET CONTAINS ELEVEN (11) PAGES (INCLUDING THIS
PAGE).

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

CIVIL LAW
I
True or False.
a. Under Article 26 of the Family Code, when a foreign spouse divorces his/her Filipino
spouse, the latter may re-marry by proving only that the foreign spouse has obtained
a divorce against her or him abroad. (1%)
b. X, a widower, died leaving a will stating that the house and lot where he lived cannot
be partitioned for as long as the youngest of his four children desires to stay there.
As coheirs and co-owners, the other three may demand partition anytime. (1%)
II

Multiple choice.
a. A had a 4-storey building which was constructed by Engineer B. After five years, the
building developed cracks and its stairway eventually gave way and collapsed,
resulting to injuries to some lessees. Who should the lessees sue for damages?
(1%)
1. A, the owner
2. B, the engineer
3. both A & B
b. O, owner of Lot A, learning that Japanese soldiers may have buried gold and other
treasures at the adjoining vacant Lot B belonging to spouses X & Y, excavated in Lot
B where she succeeded in unearthing gold and precious stones. How will the
treasures found by O be divided? (1%)
1. 100% to O as finder
2. 50% to O and 50% to the spouses X and Y
3. 50% to O and 50% to the state
4. None of the above
c. A executed a Deed of Donation in favor of B, a bachelor, covering a parcel of land
valued at P1 million. B was, however, out of the country at the time. For the donation
to be valid, (1%)
1. B may e-mail A accepting the donation.
2. The donation may be accepted by Bs father with whom he lives.
3. B can accept the donation anytime convenient to him.
4. Bs mother who has a general power of attorney may accept the donation for him.
5. None of the above is sufficient to make Bs acceptance valid
d. A executed a 5-page notarial will before a notary public and three witnesses. All of
them signed each and every page of the will.
One of the witnesses was B, the father of one of the legatees to the will. What is the
effect of B being a witness to the will? (1%)
1. The will is invalidated
2. The will is valid and effective
3. The legacy given to Bs child is not valid
III
Define, Enumerate or Explain. (2% each)
a. What is the difference between "guaranty" and "suretyship"?
b. Define quasi tort. Who are the persons liable under quasi torts and what are the
defenses available to them?
c. Give at least two reasons why a court may assume jurisdiction over a conflict of laws
case.
IV
Spouses B and G begot two offsprings. Albeit they had serious personality differences, the
spouses continued to live under one roof. B begot a son by another woman. G also begot a
daughter by another man.
a. If G gives the surname of B to her daughter by another man, what can B do to

protect their legitimate children's interests? Explain. (5%)

b. If B acquiesces to the use of his surname by Gs daughter by another man, what
is/are the consequence/s? Explain. (5%)
V
G filed on July 8, 2000 a petition for declaration of nullity of her marriage to B. During the
pendency of the case, the couple entered into a compromise agreement to dissolve their
absolute community of property. B ceded his right to their house and lot and all his shares in
two business firms to G and their two children, aged 18 and 19.
B also opened a bank account in the amount of P3 million in the name of the two children to
answer for their educational expenses until they finish their college degrees.
For her part, G undertook to shoulder the day-to-day living expenses and upkeep of the
children. The Court approved the spouses agreement on September 8, 2000.
a. Suppose the business firms suffered reverses, rendering G unable to support herself
and the children. Can G still ask for support pendente lite from B? Explain. (3%)
b. Suppose in late 2004 the two children had squandered the P3 million fund for their
education before they could obtain their college degrees, can they ask for more
support from B? Explain. (3%)
VI
Gigolo entered into an agreement with Majorette for her to carry in her womb his baby via in
vitro fertilization. Gigolo undertook to underwrite Majorettes pre-natal expenses as well as
those attendant to her delivery. Gigolo would thereafter pay Majorette P2 million and, in
return, she would give custody of the baby to him.
After Majorette gives birth and delivers the baby to Gigolo following her receipt of P2 million,
she engages your services as her lawyer to regain custody of the baby.
a. What legal action can you file on behalf of Majorette? Explain. (2.5%)
b. Can Gigolo demand from Majorette the return of the P2 million if he returns the
baby? Explain. (2.5%)
c. Who of the two can exercise parental authority over the child? Explain. (2.5%)
d. Is the child entitled to support and inheritance from Gigolo? Explain. (2.5%)
VII
G and B were married on July 3, 1989. On March 4, 2001, the marriage, which bore no
offspring, was declared void ab initio under Article 36 of the Family Code. At the time of the
dissolution of the marriage, the couple possessed the following properties:

a house and lot acquired by B on August 3, 1988, one third (1/3) of the purchase
price (representing downpayment) of which he paid; one third (1/3) was paid by G on
February 14, 1990 out of a cash gift given to her by her parents on her graduation on
April 6, 1989; and the balance was paid out of the spouses joint income; and

an apartment unit donated to B by an uncle on June 19, 1987.

a. Who owns the foregoing properties? Explain. (5%)

b. If G and B had married on July 3, 1987 and their marriage was dissolved in 2007,
who owns the properties? Explain. (5%)
VIII
Spouses Rex and Lea bore two children now aged 14 and 8. During the subsistence of their
marriage, Rex begot a child by another woman. He is now 10 years of age.
On Leas discovery of Rexs fathering a child by another woman, she filed a petition for legal
separation which was granted.
Rex now wants to adopt his illegitimate child.
a. Whose consent is needed for Rexs adoption of his illegitimate child? (2.5%)
b. If there was no legal separation, can Rex still adopt his illegitimate child? Explain.
(2.5%)
IX
Eighteen-year old Filipina Patrice had a daughter out of wedlock whom she named Laurie.
At 26, Patrice married American citizen John who brought her to live with him in the United
States of America. John at once signified his willingness to adopt Laurie.
Can John file the petition for adoption? If yes, what are the requirements? If no, why? (5%)
X
In 1997, B and G started living together without the benefit of marriage. The relationship
produced one offspring, Venus. The couple acquired a residential lot in Paraaque. After four
(4) years or in 2001, G having completed her 4-year college degree as a fulltime student,
she and B contracted marriage without a license.
The marriage of B and G was, two years later, declared null and void due to the absence of
a marriage license.
a. If you were the judge who declared the nullity of the marriage, to whom would you
award the lot? Explain briefly. (3%)
b. Is Venus legitimate, illegitimate, or legitimated? Explain briefly. (3%)
XI
The spouses Peter and Paula had three (3) children. Paula later obtained a judgment of
nullity of marriage. Their absolute community of property having been dissolved, they
delivered P1 million to each of their 3 children as their presumptive legitimes.
Peter later re-married and had two (2) children by his second wife Marie. Peter and Marie,
having successfully engaged in business, acquired real properties. Peter later died intestate.
a. Who are Peters legal heirs and how will his estate be divided among them? (5%)
b. What is the effect of the receipt by Peters 3 children by his first marriage of their
presumptive legitimes on their right to inherit following Peters death? (5%)
XII
On May 5, 1989, 16-year old Rozanno, who was issued a student permit, drove to school a
car, a gift from his parents. On even date, as his class was scheduled to go on a field trip,

his teacher requested him to accommodate in his car, as he did, four (4) of his classmates
because the van rented by the school was too crowded. On the way to a museum which the
students were scheduled to visit, Rozanno made a wrong maneuver, causing a collision with
a jeepney. One of his classmates died. He and the three (3) others were badly injured.
a. Who is liable for the death of Rozannos classmate and the injuries suffered by
Rozanno and his 3 other classmates? Explain. (2%)
b. How about the damage to the jeepney? Explain. (2%)
c. Under the same facts, except the date of occurrence of the incident, this time in mid1994, what would be your answer? Explain. (2%)
XIII
Franz was the owner of Lot E which was surrounded by four (4) lots one of which Lot C
he also owned. He promised Ava that if she bought Lot E, he would give her a right of way in
Lot C.
Convinced, Ava bought Lot E and, as promised, Franz gave her a right of way in Lot C.
Ava cultivated Lot E and used the right of way granted by Franz.
Ava later found gainful employment abroad. On her return after more than 10 years, the right
of way was no longer available to her because Franz had in the meantime sold Lot C to Julia
who had it fenced.
a. Does Ava have a right to demand from Julia the activation of her right of way?
Explain. (2.5%)
b. Assuming Ava opts to demand a right of way from any of the owners of Lots A, B,
and D, can she do that? Explain. (2.5%)
XIV
Primo owns a pet iguana which he keeps in a man-made pond enclosed by a fence situated
in his residential lot. A typhoon knocked down the fence of the pond and the iguana crawled
out of the gate of Primos residence. N, a neighbor who was passing by, started throwing
stones at the iguana, drawing the iguana to move toward him. N panicked and ran but
tripped on something and suffered a broken leg.
Is anyone liable for Ns injuries? Explain. (4%)
XV
A, B, and C entered into a partnership to operate a restaurant business. When the
restaurant had gone past break-even stage and started to garner considerable profits, C
died. A and B continued the business without dissolving the partnership. They in fact opened
a branch of the restaurant, incurring obligations in the process. Creditors started demanding
for the payment of their obligations.
a. Who are liable for the settlement of the partnerships obligations? Explain? (3%)
b. What are the creditors recourse/s? Explain. (3%)
XVI
X was the owner of an unregistered parcel of land in Cabanatuan City. As she was abroad,
she advised her sister Y via overseas call to sell the land and sign a contract of sale on her
behalf.

Y thus sold the land to B1 on March 31, 2001 and executed a deed of absolute sale on
behalf of X. B1 fully paid the purchase price.
B2, unaware of the sale of the land to B1, signified to Y his interest to buy it but asked Y for
her authority from X. Without informing X that she had sold the land to B1, Y sought X for a
written authority to sell.
X e-mailed Y an authority to sell the land. Y thereafter sold the land on May 1, 2001 to B2 on
monthly installment basis for two years, the first installment to be paid at the end of May
2001.
Who between B1 and B2 has a better right over the land? Explain. (5%)